Refused a refund trying to return an item online/mail order?

ps3ud0

ps3ud0

ps3ud0

Caporegime
Joined
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Luton ;)
Hi Guys,

Really would appreciate your help with an issue I have with a company I bought a jacket from refusing to accept a refund (for £40) since I dont want it anymore (at first I wanted to exchange it for a larger size, but the costs involved in re-sending means that I might aswell get it elewhere for a lot cheaper)...

The company isnt an etailer but usually deals with merchandising and I directly enquired with them if they would sell to a private individual which they would and I commited the credit card transaction over the phone and have a scan of the reciept and the delivery note.

I recieved the jacket on the 20/07/2006 but found it too small and raised this fact with them for an exchange on the 25/07/2006. It took until the 04/08/2006 for them to advise that they could do the exchange but I would have to pay more P&P fees (effectively it will now cost me more like £53+ now including the cost to send it back that Im fully accept I have to cover anyway) at which point I have said Id rather have a refund now as I dont want the item (due to fact I can get it in the right size for £30 now - something I havent told them).

They have now got back to me to advise they cannot do a refund at all and all they can do is exchange it.

Now do I have any comeback on this? - I would prefer not to fork out for nearly double for an item - Im unsure if the distance selling act covers me even though Ive raised the inital issue within 7 days - its just taking them so long to deal with this too.

Cheers for any advice...

ps3ud0 :cool:
 
the regulations in the DSA say that within 28 days, they have to take it back no quibble if you weren't present when the item was purchased.
 
Hi AOD,

I wasnt aware that the DSA allowed it after such a period of time - sorry to be a burden but is it possible to give me a link to confirm that - Ill email it to them as I think Ill have to play hardball to get a favourable result...

Im still unsure that the DSA still applies to them - heres their main website http://www.brand-inc.net (which seems down) - I basically bought some Gorillaz merchandise off them here...

ps3ud0 :cool:
 
So are they some sort of wholesaler who you persuaded to sell you a single item? Did you buy under trade terms rather than retail perhaps?
 
Aod said:
the regulations in the DSA say that within 28 days, they have to take it back no quibble if you weren't present when the item was purchased.
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The DSA says no such thing.

http://www.oft.gov.uk/Business/Legal/DSR/distance+selling+regs+cancellation+periods.htm

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

If a consumer cancels an order, written notice must be given to you by:
goods – seven working days from the day after that on which the goods are received by the consumer;
services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.

If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.
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Nope I didnt ask for anything special other than a couple of items - didnt really think they would so it since they seem to be a merchandising agency that actually makes the apparel...

Im not 100% sure what you mean, but I paid VAT etc - just like a normal mail order transaction...

I think I have quite a few comebacks if the DSA is applicable (- but it does seem if this was a 'one-off' then the DSA isnt applicable, but with the second link I provide it seems that they welcome orders online so it must do - right?

OFT DSA said:
If you do not usually supply consumers by distance means, but you agree to do so in response to a one-off request, the Regulations will not apply to you. However, if your business regularly handles 'one-off' requests and is organised so that it can deal with such requests (for example, there is a mail order facility), you will need to comply with the Regulations.
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Grey area time :p

ps3ud0 :cool:
 
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meh, i was typing from memory, its only my (and your in this case) that i get something completely wrong. :(
 
ps3ud0 said:
I think I have quite a few comebacks if the DSA is applicable - but it does seem if this was a 'one-off' then the DSA isnt applicable, but with the second link I provide it seems that they welcome orders online so it must do - right?

Grey area time :p

ps3ud0 :cool:
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If the item wasn't a one-off, a special order or something customised, then the DSA would apply, and you would appear to have notified them in plenty of time.

However, in order to get your money back if they choose to play hardball, you might well be looking at going through trading standards, and possibly threatening them with legal action....
 
Dolph said:
If the item wasn't a one-off, a special order or something customised, then the DSA would apply, and you would appear to have notified them in plenty of time.

However, in order to get your money back if they choose to play hardball, you might well be looking at going through trading standards, and possibly threatening them with legal action....
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Cheers Dolph, I thought as much as I think their website alludes to the fact they accept online orders - to be honest if they just waive the 2nd lot of P&P Id be happy with the exchange, since its my fault I require it...

I might try that first (explaining that I can get it cheaper elsewhere too) and just mention the DSA in passing before I start referring to it. One concern I do have is that I only asked for an exchange within the first 7days it was only after I was given the quote for the exchange that I said I wanted a refund...

ps3ud0 :cool:
 
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I think TBH they are not being unreasonable in asking you to pay the P&P, because if I am reading your posts right, it isn't their error.
 
dirtydog said:
I think TBH they are not being unreasonable in asking you to pay the P&P, because if I am reading your posts right, it isn't their error.
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I agree dirtydog - but I just dont want the exchange in light that I can get it from a proper etailor for cheaper. They are just refusing to accept the ability to refund and I just dont understand why - I thought that was just a part of your statutory rights?!?...

ps3ud0 :cool:
 
It is not your statutory right to return something that you have wrongly ordered but a lot of compainies will let you do it.

It si your right, as has been said, to cancel an item within 7 days under the DSA but only if you have not used the item; this rule is to prevent impuse buys on the phone /internet..

As you did not mention wanting to cancel the order within 7 days you may struggle; i would ask them if they would mind swapping the coat and not charging you p&p...nicely :)

Matt
 
Fair point - I have sent quite a nice email asking to see what they will do - I am a bit annoyed that due to their slow responses (even if I sent an email the day of delivery I would missed the 7 day cut-off) that I lost the ability to utilise the protection provided by the DSA...

ps3ud0 :cool:
 
ps3ud0 said:
Fair point - I have sent quite a nice email asking to see what they will do - I am a bit annoyed that due to their slow responses (even if I sent an email the day of delivery I would missed the 7 day cut-off) that I lost the ability to utilise the protection provided by the DSA...

ps3ud0 :cool:
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I'm a bit late with this, but nonetheless .....

.... are you aware that that 7-day period is actually 7 working days (i.e. excluding bank holidays and weekends), and that it starts the morning after delivery?

Also, providing the DSR applies (and it doesn't apply to everything, as was pointed out earlier), the 7-days is the minimum period? There are a number of bits of information the supplier MUST provide you with, and if they haven't at the time of order, then that 7-day period starts when they do get around to providing it, or at the most, 3 months later. So it's possible, depending on what they told you, that you are still within the notification period.

One more thing. If you notify a supplier that you wishto cancel under the DSR, it MUST be done in a permanent form, i.e., you can email, fax, deliver a letter, etc, but a phone call does NOT count. Telling them you wish to cancel on the phone counts as having not told them at all.

FNG said:
It is not your statutory right to return something that you have wrongly ordered but a lot of compainies will let you do it.
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Agreed .... unless it was a distance transaction and you do so under the terms of the DSR, and that means complying with the notification terms yourself ..... or unless the goods, despite you changing your mind, ALSO don't meet the standards of the Sale of Goods Acts, such as satisfactory quality, fitness for purpose and being as described.

FNG said:
It si your right, as has been said, to cancel an item within 7 days under the DSA but only if you have not used the item; this rule is to prevent impuse buys on the phone /internet..
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Actually, the DSR doesn't quite put that restriction on how goods are used/treated. Despite how many retailers would like it to operate, it actually just puts the onus on the buyer to :-

1) retain possession of the goods
2) "take reasonable care" of them
3) subject to some restrictions and exceptions, to return them to the supplier, or facilitate collection.

The DSR does not, however, define what "reasonable care" means, so it comes down to whatever you can convince the court it means when the case gets before them. It's a highly subjective area. It’s no accident that “reasonable care” is not defined, either. It’s standard wording for a statute where the intent is to leave discretion in the hands of the court, precisely because situations and circumstances vary widely from case to case and it is virtually impossible to predefine rules that cover all situations, or even to foresee all conceivable situations. It’s why issues like this are decided by judges, not computers.

If, for instance, you bought a watch, tried it on, didn't like it so carefully repacked it complete with all labels, tags, protection for fascia etc, and cancelled, would that be "reasonable care"? Probably, yes.

On the other hand, if you went swimming in it and got it marked, or ruined, that probably wouldn't .... though if it was a diver's watch .... :confused: :confused: :confused:

As I said, it's a grey area.
 
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