Consumer Rights: MoneySavingExpert.com discussion

4743hudsonj

Just spent some time on the phone again!


I finally got it pushed through and approved!

giving birth looks easier that getting money out of dsg! lol
(no offence to mothers, i have the up most respect for them)

theyre just pending on the value of the vouchers now which will be another week

Fonda_Cox

I wonder if anyone can help me.

I purchased a mask from www.escapade.co.uk for my son. However, upon receiving the mask it didn't look the same as the picture they used to advertise it on their website.

I emailed the company and told them I was not happy with the quality of the item and asked for details to return it for a refund only to be told they do not accept returns on masks and were unable to offer a refund.

I replied and informed them that I was not satisfied with the quality of the item and that I felt their website was misleading. They disagree and flatly refused a refund.

I sought some legal advice online from someone who deals with consumer protection who advised me that if the mask does not look like the picture used to advertise it then it does not comply with the Sale of Goods Act 1989. She also said I was covered by the Consumer Protection (Distance Selling) Regulations 2000 which means I have 7 days to return the item for a full refund. On her advice, I returned the mask to the company via special delivery and sent an email informing them what I was doing and asking for a refund.

Until today, I had still not heard anything, despite two more emails asking for their acknowledgement. They have finally emailed today stating that they do not accept thereturn of masks and will not offer a refund.

I have sought advice from Trading Standards on this matter and have forwarded all of the emails from myself and the company involved and am waiting for a reply from them.

I just want to make sure I am not wasting my time. Thanks for any advice you can offer.

derrick

Fonda_Cox wrote: »

I wonder if anyone can help me.

I purchased a mask from www.escapade.co.uk for my son. However, upon receiving the mask it didn't look the same as the picture they used to advertise it on their website.

I emailed the company and told them I was not happy with the quality of the item and asked for details to return it for a refund only to be told they do not accept returns on masks and were unable to offer a refund.

I replied and informed them that I was not satisfied with the quality of the item and that I felt their website was misleading. They disagree and flatly refused a refund.

I sought some legal advice online from someone who deals with consumer protection who advised me that if the mask does not look like the picture used to advertise it then it does not comply with the Sale of Goods Act 1989. She also said I was covered by the Consumer Protection (Distance Selling) Regulations 2000 which means I have 7 days to return the item for a full refund. On her advice, I returned the mask to the company via special delivery and sent an email informing them what I was doing and asking for a refund.

Until today, I had still not heard anything, despite two more emails asking for their acknowledgement. They have finally emailed today stating that they do not accept thereturn of masks and will not offer a refund.

I have sought advice from Trading Standards on this matter and have forwarded all of the emails from myself and the company involved and am waiting for a reply from them.

I just want to make sure I am not wasting my time. Thanks for any advice you can offer.

Under DSR you have the right to return any item,(without reason), for a full refund within 7 working days beginning from the day after receipt of goods, you may have to pay return P&P if they told you of this before dispatch, if they did not then they cannot make you pay for the return. If the goods are faulty or not as described you can reject them under DSR/SoGA, and will not have to pay P&P.
You will not have to pay P&P for the original P&P at all under DSR.

See the following from DSR; -

Written and additional information 8.

Right to cancel 10.

You can e-mail them quotes and the web address informing them that you are exercising your statutory rights, and that you will report them to Trading Standards for breaking the DSR regulations.

4743hudsonj

Their own returns policy aknowledges DSR so i would really try and get through to a manager.

Fonda_Cox

derrick wrote: »

Under DSR you have the right to return any item,(without reason), for a full refund within 7 working days beginning from the day after receipt of goods, you may have to pay return P&P if they told you of this before dispatch, if they did not then they cannot make you pay for the return. If the goods are faulty or not as described you can reject them under DSR/SoGA, and will not have to pay P&P.
You will not have to pay P&P for the original P&P at all under DSR.

See the following from DSR; -

Written and additional information 8.

Right to cancel 10.

You can e-mail them quotes and the web address informing them that you are exercising your statutory rights, and that you will report them to Trading Standards for breaking the DSR regulations.

Thank you very much, you have been most helpful.

I have quoted the DSR to them and they have ignored me. I contacted trading standards yesterday and am awaiting reply.

I just wanted to make sure I hadn't been misinformed and was wasting my time trying to get a refund.

Thanks again.

Art_2

How much are we talking for this mask?

Regards,
Art

Fonda_Cox

art wrote: »

how much are we talking for this mask?

Regards,
art

£44.95 + p&p

Art_2

Fonda_Cox wrote: »

£44.95 + p&p

It's worth chasing Trading Standards to ensure they spell the law out to the company.
If you want a bit of fun you can always take them to the Small Claims Court.

Regards,
Art.

Fonda_Cox

Art wrote: »

It's worth chasing Trading Standards to ensure they spell the law out to the company.
If you want a bit of fun you can always take them to the Small Claims Court.

Regards,
Art.

Thank you. I will give Trading Standards a few days to see if they reply. I will definitely take them to the small claims court, my son saved his money for a long time to afford that mask.

Fonda_Cox

Well, I've not yet heard anything back from Trading Standards and the company are still not backing down and offering me a refund.

Has anyone had any experience of claiming money back via the small claims court?