TinaRichards.co.uk won't abide by the DSR

TM1

I purchased an item from tinarichards.co.uk, and then returned the item under the terms of the distance selling regulations (DSR).

They have agreed to refund me for the original item and the original delivery cost, but refuse to refund the cost of returning the item.

As I understand it the merchant is required to pay for the cost of returning the item unless their terms and conditions specifically state that the customer pays for it.

There's didn't. When I pointed this out to them they said their terms and conditions did state this. I checked and sure enough they did - they had changed their terms and conditions after I had said I wanted to return it. This seems to me to be very dishonest and unprofessional.

Luckily for me I took a screen print of the T&C's before I cancelled the order (they had already come accross as being the sort of company that would make it as difficult as possible to get a return, and their terms and conditions violated the DSR in several places, so I wasn't taking any chances).

So here we are. They have refunded the original cost but not the return amount. What is the best course of action to take now? Small claims court seems a bit excessive for £6, so what else? Who would I make an offical complaint to - OFT? BERR? Trading standards?

I know if't not worth it for £6, but it's the prinicple. They are just fobbing me off in the hope I will go away and are ignoring the regulations that are in place to protect consumers against companies like them.

dacouch

This thread will probably help as MSE posts come up very high on google very quickly, so tinarichards.com tinarichards.co.uk tinarichards products will soon see the posts on here coming high on google and if they have any sense will refund you.

Please any other posters on this thread do not use the words tinarichards.com tinarichards or tinarichards.co.uk as this would make this thread go even higher on google...

dacouch

Interesting http://www.google.co.uk/search?hl=en&client=firefox-a&channel=s&rls=org.mozilla%3Aen-GB%3Aofficial&hs=7zV&q=tinarichards+refund&btnG=Search&meta=cr%3DcountryUK|countryGB

tinarichards.com tinarichards.co.uk tinarichards

underlay_guru

Hi,

If the product is faulty, substandard, incorrect size or incorrect item, then fair play - you are entitled to a full refund or replacement. If you simply don't want the item any more, then morally, you should pay for the return of the goods yourself.

Regulation 17 of the OFT's distance Selling regulations guide states: "If you (the seller) want the consumer to return the goods and pay for that return, you must make it clear in the contract and as part of the required written information.......You are not allowed to make any further charges,such as a restocking charge or an administration charge"

Condition 4G of the T&C's on the t**a ri**ards website states:"The Customer acknowledges that under the warranty they are liable for any postal/courier charges incurred to the Company in the instance that the Company returns goods back to the Customer, which the Company has inspected and found no fault."

Are you sure this condition was not included in their T&C's when you purchased??If you have proof that their condition 4G was not apparent when you ordered, then they should honour a full refund of postage.

pinkshoes

If you have a copy of the original T&Cs when you bought the item from tinarichards.com (tinarichards or tinarichards.co.uk), then they should honour your full refund including return postage.

It is indeed the principal, and if a company such as tinarichards.com tinarichards or tinarichards.co.uk promises something, they should honour it.

dmg24

underlay_guru wrote: »

Hi,

If the product is faulty, substandard, incorrect size or incorrect item, then fair play - you are entitled to a full refund or replacement. If you simply don't want the item any more, then morally, you should pay for the return of the goods yourself.

Regulation 17 of the distance Selling regulations states: "If you (the seller) want the consumer to return the goods and pay for that return, you must make it clear in the contract and as part of the required written information.......You are not allowed to make any further charges,such as a restocking charge or an administration charge"

Condition 4G of the T&C's on the t**a ri**ards website states:"The Customer acknowledges that under the warranty they are liable for any postal/courier charges incurred to the Company in the instance that the Company returns goods back to the Customer, which the Company has inspected and found no fault."

Are you sure this condition was not included in their T&C's when you purchased??If you have proof that their condition 4G was not apparent when you ordered, then they should honour a full refund of postage.

You do not appear to have read the OP!

OP, ignore the above, you have the legal right to reimbursement, and therefore if you do not get your money back, you can go to small claims.

Did I mention the name of the company? That would be tinarichards.com tinarichards or tinarichards.co.uk.

underlay_guru

dmg24 wrote: »

You do not appear to have read the OP!

OP, ignore the above, you have the legal right to reimbursement, and therefore if you do not get your money back, you can go to small claims.

You only have the legal right to reimbusement if you have cancelled within a cooling-off period of 7 working days.

dmg24, you do not appear to have read the last sentence of my post. It reads "If you have proof that their condition 4G was not apparent when you ordered, then they should honour a full refund of postage." I am not accusing the OP of being a liar, but in the eyes of the law, a screen printout/photocopy of the old T&C's is not definitive proof, after all, any PC is capable of knocking one up on Photoshop!

What I am trying to explain is that, the company has no legal obligation to reimbuse a returned delivery cost if the OP has no 100% definitive proof that the condition did not originally exist in their T&C's. There is absolutely nothing in the distance selling regulations which state that the seller is legally responsible for paying for delivery of returns if the product is simply no longer required by the buyer after the 7 working day cooling-off period.

dacouch

Oh dear this thread is now 6th on a google search of tinarichards.com http://www.google.co.uk/search?hl=en&q=tinarichards.com&btnG=Google+Search&meta=&aq=f&oq= or 4th on tinarichards.co.uk http://www.google.co.uk/search?hl=en&q=tinarichards.co.uk&btnG=Search&meta=

Shame on you lot for not heeding my advice and not mentioning tinarichards.com or tinarichards.co.uk or tinarichards or tina richards...

Halloway

I think tinarichards.co.uk are a marvellous company who take a positive attitude to customer service, especially where their customers are idiots.

That's tinarichards.co.uk, marvellous, superb, positive and lovely. Tinarichards.com are also similarly lovely and super and moist. I never buy my worthless tat from anyone except tinarichards.co.uk and tinarichard.com. Wonderful.

Forris

I think that you are all being a little unfair on this company.

Yes - they made a mistake by not having clause 4G in their Ts & Cs;

Yes - they were very naughty, and naive, by amending these after your 'complaint';

Yes - they should have acknowledged their mistake and refunded the return postage in this instance;

No - they should not be bullied on this forum!

While the OP has a legal right for a refund of the postage, the OP looks like they are just 'trying their luck'. It does not seem right that you can purchase an item and return it, all at the sellers expense, just because they had changed their mind (although I accept that the reason for return has not been stated).

Without wanting to cast aspersions on the good name of the OP, the 'screen print' of the original Ts & Cs could easily be edited to show whatever you want.

If the OP wants to pursue the matter then they should contact Trading Standards, not start a witch-hunt on a company that made an error on their website.

underlay_guru

Fully agree with the above.

Take the matter up with trading standards.
Shaming the company into giving the refund is not the right way forward, and may give MSE a bad reputation..