Not getting a full refund. Can they do that?
- Thread starter ultim
- Start date
It's not stupid in the slightest.
Its not the same at all. How can you online say I want a size 10, then try it on? You cannot, as its online and magically invisible when you actually purchase them. In a shop you DO get the chance to try them on. Thats the exact reason the DSR exists.
Fact is, clothing has the highest return rates because sizes are just not standard.
Regardless, the DSR applies, and the OP has rights. It does not matter if 'its his fault'.
Oh, and for the record, I run 2 online shops as my business, and comply fully with the DSR. I would much rather a happy customer who might return an item, and even pass on details, than an unhappy customer who blackens your name through no fault of your own. Massive shops do not care about customers. Any shop that has tried to remove my rights, regardless of the reason, feels my full wrath, and I do go out of my way to deny them as much custom as possible.
Common sense would say that you only get the price of the item back, (because you don't get refunded your petrol or parking when going to a normal shop to change something!). Then again common sense and law don't often go hand in hand together!
The "spirit" of the DSR is effectively to give you similar rights to what you would have in a shop to inspect an item before you buy it.
Full refund, including all outgoing delivery charges.
If item was £10, and £50 delivery, you get £60 back. No exceptions.
If they deem the item was 'not in original packaging' 'not resaleable' etc it makes no difference. Under the DSR, you get a FULL refund. Even if they then think that you did not 'take reasonable care' of the item, they still have to refund, then they have to take you to court to reclaim the money they think is owed them.
Although DSR seems harsh, I think they are important for the consumer, as you physically cannot appreciate an item until you receive it.
The number of large retailers ignoring these regulations is, quite frankly, disgusting. Happened to me the other day, ordered a sensor for the car, which turned out to be the wrong one (although the same part number)
Me: I'd like to return xyz
Shop: Cannot refund, only exchange for faulty items blah blah.....
Me: DSR says otherwise (quote regulation)
Shop: Here is your return number....
They know they cannot operate this policy as an online company, yet choose to play dumb in order to discourage returns. Would trading standards be the people to refer these goons to?
The number of large retailers ignoring these regulations is, quite frankly, disgusting. Happened to me the other day, ordered a sensor for the car, which turned out to be the wrong one (although the same part number)
Me: I'd like to return xyz
Shop: Cannot refund, only exchange for faulty items blah blah.....
Me: DSR says otherwise (quote regulation)
Shop: Here is your return number....
They know they cannot operate this policy as an online company, yet choose to play dumb in order to discourage returns. Would trading standards be the people to refer these goons to?
Technically, yes but realistically very little or even nothing would ever come of it.
It's this reason why companies still do this, they play on the fact that most people don't know their rights, and when most people don't know their rights there's no comeback.
People get too caught up with "terms and conditions" and "the shops says therefore it is". This is why they give up straight away when you let them know that you know your rights, they know it's not worth fighting it.
I think perhaps one issue here is that although you've ordered from Footlocker UK, the company is really based in Holland. If you look through the About pages, you will see the address listed as The Netherlands. If you read through the terms and conditions, it then says:
Foot Locker respects the Dutch as well as the European Distance selling Regulations, which grant customers in Europe a right to withdraw from an online purchase within 14 days after the day the item has been delivered. The cancelled items should be unused, undamaged, complete and in their original packaging. They should be returned to Foot Locker within 10 days following the cancellation, through UPS. We will refund the purchase price for the cancelled item, as well as the initial shipment charge. However, you will be charged with the cost of the return shipment. Since the cost for the return shipment is equal to the cost for shipping you the goods, we will not refund the shipping charge you originally paid.
So despite being in Holland, this would seem to demonstrate that you should receive back what you paid for it, infact they even allow up to 28 days to return. Also it shows that you have to use UPS to do a return to them, as they don't even list a returns address, which again I think shows how they are based in Holland and are sort of hiding that fact a little.
Inregards to your refund, there should be no reason you shouldn't get it back unless you had damaged it:
The refund will include the cost of the returned goods, and in the case of defective goods and faulty deliveries, as well as in case of the execution of your cancellation right (see art.9 above), the original delivery fee.
We may deduct any charges for your failure to take reasonable care of the goods.
So perhaps its just a mistake?
I'd chase them up about it more before doing anything else.
Nike iD is actually very good.
I once made a custom pair of trainers, wasn't too pleased with the colour of one of the panels, they took it back and let me make another pair. I was surprised, as I thought there was no way that they would.
Foot Locker respects the Dutch as well as the European Distance selling Regulations, which grant customers in Europe a right to withdraw from an online purchase within 14 days after the day the item has been delivered. The cancelled items should be unused, undamaged, complete and in their original packaging. They should be returned to Foot Locker within 10 days following the cancellation, through UPS. We will refund the purchase price for the cancelled item, as well as the initial shipment charge. However, you will be charged with the cost of the return shipment. Since the cost for the return shipment is equal to the cost for shipping you the goods, we will not refund the shipping charge you originally paid.
So despite being in Holland, this would seem to demonstrate that you should receive back what you paid for it, infact they even allow up to 28 days to return. Also it shows that you have to use UPS to do a return to them, as they don't even list a returns address, which again I think shows how they are based in Holland and are sort of hiding that fact a little.
Inregards to your refund, there should be no reason you shouldn't get it back unless you had damaged it:
The refund will include the cost of the returned goods, and in the case of defective goods and faulty deliveries, as well as in case of the execution of your cancellation right (see art.9 above), the original delivery fee.
We may deduct any charges for your failure to take reasonable care of the goods.
So perhaps its just a mistake?
I'd chase them up about it more before doing anything else.
Nike iD is actually very good.
I once made a custom pair of trainers, wasn't too pleased with the colour of one of the panels, they took it back and let me make another pair. I was surprised, as I thought there was no way that they would.
Are you being deliberately obtrusive or just trolling? It is nothing like that at all.
Most have already pointed out the fact that you don't get the luxury of trying before you buy with online shopping, hence the need for DSR. The problem with footwear is that a size 10 in one shoe doesn't always equate to a size 10 in another. Different brands make their shoes slightly different sizes, I'm usually a size 9 but have had to buy 8's or 10's in the past as the 9 just isn't quite right.