CHOICE membership

Online returns for wrong good sent

WRONG ITEM SENT TO CUSTOMER

Recently I bought clothing from Rivers. 19 days after I paid, the goods were delivered. One item was not included. After a few emails that shirt’s price was refunded. Rivers could not explain why it was not included. They offered me to buy it again and naturally pay again for delivery. I declined. They then offered a voucher for “free” delivery, so long as I spent $15 more than what the shirt cost. If I didn’t spend the extra $15, I would have to pay for delivery.

I also found one pair of pants were the wrong size. Both my order (as confirmed in writing by the vendor when I paid) and the company’s “warehouse slip” included in the package shows my size (which I ordered and paid for), yet another size was sent.

After many emails it is clear that to get a refund for Rivers’ error, I must:

  1. travel to the post office
  2. buy at my cost a courier bag
  3. wait in line to lodge the courier bag containing the pants (at least they sent me a label to cover the postage)
  4. return to my place of work

I estimate the above would take 45 min to 1 hr, given the walk and crowds in the post office and as I am paid by the hour, I will lose wages.

When I complained to Rivers saying (1) I do not have to waste my time to correct your error. Why don’t you collect the item from me, after all you delivered to me and (2) here’s an idea Mr Rivers: send me a pre-addressed courier bag as I can’t see why I must pay for a bag to return what you sent in error. And thanks for confirming that the pants in the size I paid for is no longer in stock. Was it ever?

No reply from Rivers.

I spoke to my bank and asked for a chargeback for the cost of the pants as I did not receive what I paid for. I advised the bank that Rivers is free to collect the item at its leisure from me or allow me to return it by mail at zero cost.

The bank is looking into the matter.

Should I do something different?

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I would await the outcome of the chargeback process. Doing more would likely cause confusion and even cross purposes in responses.

If your chargeback request gets denied send Rivers a letter of complaint per the ACCC/Choice guidance citing your rights, what you bought and they agreed you bought, what was delivered, why their position is not acceptable, and what you want by when. As always, assume whoever is reading your letter knows nothing, and you need to put your position and evidence as if a silk fronting a magistrate.

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Reasonable compensation for postage and other expenses can be claimed and this right is in the ACL. Postage is the easy part, simply retain your receipt, scan it and ask for reimbursement, if they request proof supply a copy of the scanned document.

Other costs can be harder to claim but you could try for lost wages, and or transport costs. Remembering they must be provable and reasonable.

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Sounds like you may have got someone else’s order.

You won’t need to buy a courier bag. If you have some brown paper or other suitable paper at you home, you can use this. Stick the label they provided to you on the front.

Did they offer a courier return…see

https://www.rivers.com.au/returns

It may be worth contacting them again and asking them to change the return method. You may be able to use it even without contacting Rivers as it appears to be an Australia Post service and can be instigated through their website.

They didn’t provide a label, the part about the label was the suggestion by @Jon01 that “Mr Rivers” could do “here’s an idea Mr Rivers: send me a pre-addressed courier bag”

ADDENDUM: My error in the above sentence as pointed out by @phb (Thank you picking up my mistake :+1:) is that they did send a label but no bag to which to affix the label.

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Look like they have sent a label, but not a bag to fill.

If this is the case, I would be wrapping in paper (even recycle another plastic bags one may have at home), stick on the label and explore the courier pickup option. If this isn’t free or agreed by Rivers,…

Looking at the website, parcel drop off points are more than post offices and include other retailers such as Terry White Chemists, Kennards Delis and the list goes on. @Jon01 should look to see what if the most convenient parcel drop off point using Rivers ParcelPoint map on their website:

https://parcelpoint.com.au/rockmans/return/method#/returnsmethod11175

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Sorry my misreading of the post.

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I think part of the point is lost. Through no fault of his own he received the wrong product. Why should he have any impost be it packing, wrapping, claiming costs, or taking it anywhere for return? It seems reasonable Rivers should provide a postage paid sack or box w/pickup service on request.

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Has everyone overlooked the fact that Rivers is owned by Mosaic Brands?

image

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Because the ACL supports those steps, they have rights but under the ACL they are expected to take certain steps and need to request the reimbursement of costs unless the item is large enough to avoid that need. I know you know it but others may not so just answering for others.

Sure Rivers could or even should supply the means to return the item but the ACL makes it so they don’t have to.

"

Returning the product

You are entitled to return a product if you believe that there is a problem. You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts.

And on Compensation

What compensation is covered?

Compensation includes the cost to you caused by a problem with products or services. This is usually financial costs, but can include other costs such as lost time or productivity.

It can be hard to put a dollar figure on compensation for damages and loss. Compensation should put you in the position you would have been in if the products or services had done what they are supposed to under consumer guarantees."

The ACL could be amended to require Businesses provide the total means of return, that requires just some Legislation changes. Is it likely? Only if enough outcry is made :frowning_face: I am not that hopeful at the moment.

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Thanks PhilT. Very good advice. I agree, so as to stop any confusion, to lay down my arms and wait to see what the bank says.

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Thanks for the points grahroll. You would think Rivers would have supplied a courier bag or agreed to refund me the cost. Interesting as soon as I mentioned to them reimbursement of this and my rights in general, they ceased replying to me with their stock standard templates.

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Thanks for the reply Fred123. Interesting you mention the nasty tactics of Mosaic. In one of my emails (which most often was addressed to “Rivers online”) I asked for the contact name of a responsible person in “Customer Service” to whom NCAT can send a copy of my claim, if I end up seeking justice at that venue. I added: "if you will not supply a name then on my filed papers I will note down “Mr Scott Evans, CEO Mosaic Brands” and I feel confident that once his office receives the letter from NCAT that his PA will forward the paperwork to the relevant person in “Customer Service” so that department will know who must turn up at the Tribunal and when.

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Hi Phb: the label I was sent is from Australia Post and Rivers makes clear for me to drop it at a post office (where I assume I will get some sort of acknowledgement of my posting) or I could drop it in a street post box (with no proof I sent it) and then I suspect my problems would ensue.

I don’t like an aspect of the URL (returns) you sent. Near the end of it it mentions that if an incorrect items was sent then the customer is to send it back, presumably in his or her courier bag or some other strong packaging material. But you can see that a refund is not automatic. It is subject to the item being “assessed and approved” for a refund.
(This is almost as nasty as OPEL mobile’s returns policy. When my phone lost its texting function, it was only 5 months old, I was told by Australia Post, the retailer, to send it back to the importer who will “assess and test” and if deemed to be a manufacturing fault, then a repair or replacement will be undertaken". The implication was that I would pay the return postage if OPEL deemed no manufacturing fault existed. I then knew the phone was a dud and that the importers were not behaving as I expected, after all they could say anything and they were right to assume I would not forensically investigate as the phone cost under $100. So I cut my losses and bought a reliable phone. After all, who is to say the phone would be the worse for wear after being tested and prodded).

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Thanks for the tip on parcel drop off points.

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This is very common with not only rivers, but the rest of that group ( Millers, Rockmans, Noni B etc). I was dealing with them for a long time, but over the past 2-3 years their service has declined dramatically. “ lost parcels” being told the order was never received the list goes on. I no longer deal with them at all. I have wasted many hours on the phone trying to sort things out, I have travelled a number of kilometres to the nominated shop to pick up a click and collect parcel, only to be told that it’s not there. I emailed head office with a complaint listing all the problems I have had with them and never even received a reply.
I no longer even go into the shops. They only people that I dealt with that were in the least bit sympathetic, we’re the ladies instore.

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I found rivers to be pretty bad a number of years ago when returning an item. Some of the clothes especially pants are different sized to other shops but i can’t t say they were very accommodating on one occasion when i wanted to return an item. Maybe it is different with changes to the consumer law. I can’t say some of the store staff were very good when i went to return an item. I think they forgot who the customer was in the first place.

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You are right. I should have used the umbrella term MOSAIC and not Rivers. After all, the paperwork I rcvd was marked NONI B. Different clowns, same circus.

Passerbye, I agree. IMHO all the sales staff I met are untrained and uninterested. When I once queried this, a saleswoman said “what do you expect? We on the floor have ideas about customer service but the fancy pants in head office know better. They never ask for our views”.

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Im not sure about right now how good they are but a few years ago they were hopeless. Most shops know consumers right to return things. But some places still say you cannot return goods if you have tried them on but you don’t know if they will fit anyway. For example i purchased socks online and thdy were tight fitting and the online place said itif i have fitted them i cannot return. Its a grey area. But rivers I found were pretty bad. Its pretty clear and the staff should know. Bunnings or other places are good they never argue the point. Same with aldi with returns. Im not sure what you think about iga regarding food but i hardly buy fresh foods like meat or fruit vegetables had bad experiences before. Shocking standard. In the recent choice survey of supermarkets i gave iga the lowest standard. I think choice should go to my local iga to check out the fresh foods soon see it’s sub standard. Rivers must be desperate as i have noticed that they are selling everything unlike before they were just clothing and footwear. They are trying to sell anything i surely would be careful of the home ware or electric items seem a bit dodgy.