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Can I return this item & get my money back?

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Hi

First of all, please do not comment on the item I am returning. I'm young, and play golf & like the odd funky pair of clothing!

I was hoping you would be able to help with a query of mine regarding returns.

I purchased a pair of trousers on an internet website via paypal:

h t t p : / / i m g 2 1 . i m a g e s h a c k . u s / i / t r o u s e r s . j p g / (remove the spaces)

As you can see, there is a red cross on the left leg similar to the St. Georges flag as well as a red streak on the right leg. They came in the post today and the "red streak" on the right leg is not there. This leaves the right leg looking very plain and "too white" if you get my drift....

Anyway, the returns policy on the site states "We dont refund items bought at 50% or more off the original price. But hey, you will recieve a credit to spend at your leisure if your items are unsuitable and you have to return them"

My question is.... the items were EXACTLY 50% off, however do I have a right to ask for my money back as the item was not as pictured? (I do not find any other items on the site worthy of buying so don't want a credit)

Thanks for any helpful replies.
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Comments

  • Bowling_4_Gold
    Bowling_4_Gold Posts: 1,771 Forumite
    Yep, you should get a refund. They are basically saying through this:
    "We dont refund items bought at 50% or more off the original price. But hey, you will recieve a credit to spend at your leisure if your items are unsuitable and you have to return them"

    that if you don't like the item, you won't get a refund (IT), but you should be able to get a refund if the item is not as described. If they don't want to play ball, file a SNAD dispute with PayPal, but ensure this is within 45 days of when you PAYED for the item.
    The quickest way to become a millionaire is start off as a billionaire and go into the airline business.
    Richard Branson
  • SavvyMail
    SavvyMail Posts: 28 Forumite
    Part of the Furniture Combo Breaker
    Thanks Bowling_4_Gold

    Just to expand a little more, they do give refunds (cash) to any item within 30 days of delivery if less than 50% discount applied, but 50% or over and the refund is in credit. Obviously I want a refund in cash as it is a SNAD incident.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    SavvyMail wrote: »
    "We dont refund items bought at 50% or more off the original price. But hey, you will recieve a credit to spend at your leisure if your items are unsuitable and you have to return them".

    well reading that, my mind instantly jumps to dsr

    under dsr you can return an item for a full refund no matter what it was purchased at up to 7 days after receiving it. it is part of your statutory right. and it is also illegal to deny somebody's statutory rights, it is a prosecutable offence to do this

    unless i have understood it wrong

    if im not corrected then contact trading standards about their website.
    Back by no demand whatsoever.
  • Just to say, I looked at the picture. God, that was a lot of spaces! I see no red streak on the right leg though. There's a shadow cast on the leg, but otherwise it just looks plain to me. I presume that picture is one lifted from the website in question?

    Will stick a link in below, for anyone who can't be bothered deleting spaces.

    http://img21.imageshack.us/i/trousers.jpg/
  • moggylover
    moggylover Posts: 13,324 Forumite
    Just to say, I looked at the picture. God, that was a lot of spaces! I see no red streak on the right leg though. There's a shadow cast on the leg, but otherwise it just looks plain to me. I presume that picture is one lifted from the website in question?

    Will stick a link in below, for anyone who can't be bothered deleting spaces.

    http://img21.imageshack.us/i/trousers.jpg/


    I agree! I can't see any red streak on the right leg - just the big red cross on the left.
    "there are some persons in this World who, unable to give better proof of being wise, take a strange delight in showing what they think they have sagaciously read in mankind by uncharitable suspicions of them"
    (Herman Melville)
  • JanetG
    JanetG Posts: 189 Forumite
    Sorry, there isn't a red streak on the other leg. I think the dark patch is a shadow of the golfers arms
  • jobsearcher48
    jobsearcher48 Posts: 52 Forumite
    edited 2 July 2009 at 12:56PM
    Check their site terms and condititions.Even if you are too late to return under dsr,their t&cs shoud mention returns and explain about your statutory rights,they can not bypass soga?
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    Check their site terms and condititions.Even if you are too late to return under dsr,their t&bs shoud mention returns and explain about your statutory rights,they can not bypass soga?

    how are they bypassing soga?
    Back by no demand whatsoever.
  • well reading that, my mind instantly jumps to dsr

    under dsr you can return an item for a full refund no matter what it was purchased at up to 7 days after receiving it. it is part of your statutory right. and it is also illegal to deny somebody's statutory rights, it is a prosecutable offence to do this

    unless i have understood it wrong

    if im not corrected then contact trading standards about their website.


    Seems you are asking a question you have already answered!!

    If the goods aren't how they pictured them,they can't fall back on there own returns policy to refuse a refund.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    edited 2 July 2009 at 11:14AM
    Seems you are asking a question you have already answered!!

    If the goods aren't how they pictured them,they can't fall back on there own returns policy to refuse a refund.

    i have not answered my question at all DSR and the SOGA are completly different.


    I was on about the first, you seem to think the latter applies somehow. when it doesnt as the items are not faulty, and are as described, as the op has just seen the picture wrong. there is no red streak on the other leg... just a shadow

    therefore the SOGA is irrelevant

    so how exactly do you think it applies?

    your question mark at the end of "they cannot bypass soga" suggests your not sure what your on about
    Back by no demand whatsoever.
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