Refused a refund

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.

fwor

It is clearly stated within their terms (Returns) that they will not accept returned masks, and I guess it's possible that they may be able to justify this for items which have been used, or which may have been used, on Health and Safety grounds.

However, assuming the mask is unused in its original packaging, I don't think that their terms can override your rights under the Distance Selling regulations, which do not included any exceptions for masks or similar items, only "consumables", which a mask does not seem to be.

Perhaps one problem will be if they say that the mask was returned in a used or soiled state, it would be hard to refute that. However, if you write to them stating your rights under the Consumer Protection (Distance Selling) Regulations 2000, and saying that you will pursue the matter via Small Claims Court, they will probably just fold and give you the refund.

Fonda_Cox

fwor wrote: »

It is clearly stated within their terms (Returns) that they will not accept returned masks, and I guess it's possible that they may be able to justify this for items which have been used, or which may have been used, on Health and Safety grounds.

However, assuming the mask is unused in its original packaging, I don't think that their terms can override your rights under the Distance Selling regulations, which do not included any exceptions for masks or similar items, only "consumables", which a mask does not seem to be.

Perhaps one problem will be if they say that the mask was returned in a used or soiled state, it would be hard to refute that. However, if you write to them stating your rights under the Consumer Protection (Distance Selling) Regulations 2000, and saying that you will pursue the matter via Small Claims Court, they will probably just fold and give you the refund.

Hi and thanks.

Yes, the mask was unused and returned in the original packaging with tags still on.

Thanks for the help

hollydays

How could you tell the quality of the item from the picture and how was it different?
I think it's one thing to say the mask differed from the photo,but another to say the quality was different from what you expected (you may have a justifiable complaint though)

Were you expecting it to be made from a different material?

They can't just refuse you under distance selling because they have put a clause in their t and c's,unless they can refuse because of hygeine reasons?

The_Pedant

If the item is not as per the picture/described then I would say that regardless of their returns policy, the goods are not as described and you can return them, unused.

You should therefore be protected under both the sale of goods act (goods not as described) and also the Distance Selling Regulations (for right of cencellation/return). The main condition is that you must notify the company by 'durable medium' (letter, fax, email, not by phone) of your wish to return the item within 7 days, starting with the day after delivery.

I also noted this in their returns policy (disputed items):

All refunds will be subject to a 25% restocking & handling fee plus the packing and postage costs incurred when originally shipping your order out.

The distance selling regulations do clearly state that additional administration charges are not allowed for returned items. I would therefore ensure that any refund is complete, and incluses the original postage costs.
Guidance on how businesses should interpret the distance selling regulations can be found here:-
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf.
This should cover most questions.

Comyface

I returned an item to Escapade (fancy dress outfit) last month becuase it was too big. They didn't have a problem aceepting my return but I did notice the 25% deduction in their terms. Wasn't happy about it but as it was clearly stated thought I couldn't complain. Sent it back anyway, as I couldn't use it and decided that getting back £30 (item was £41.05 + P&P) was better than nothing.

Recently received my visa bill and they've refunded the whole £41.05. So maybe they've read up on the distance selling regs!

Sorry I can't help with your problem though Fonda, just thought I'd say what happened to me. Hope you get your money back, good luck.

derrick

You have also posted the same question here, where I and another have replied.

Fonda_Cox

hollydays wrote: »

How could you tell the quality of the item from the picture and how was it different?
I think it's one thing to say the mask differed from the photo,but another to say the quality was different from what you expected (you may have a justifiable complaint though)

Hi, sorry I didn't make clear what I meant.

The mask on the website showed realistic, detailed facial features and realistic looking hair. In reality, the mask has no facial markings, the colouring of the mask is different and the hair is completely different to the picture used.

Upon searching the internet, it appears to be a stock photo that is used to advertise the mask.

Thank you to everyone that has replied, you have been very helpful.