Sale item doesn't measure up as stated size - any rights?

Kirri

derrick wrote: »

As it is Christmas hols, I would chase them next week,(or the week after if they don't open until the new year), to make sure they are aware and have received your e-mail. Good luck.

Good point I will do that, they are very slow to respond even to orders - they took a week from me placing my online order to generating the invoice for me to pay as it was via Paypal there was no option for instant payment. (maybe there are other rights available from Paypal too that I should investigate?).

I am however a bit worried as I've just re-read the wording on the website:

PLEASE NOTE:
All clearance items below are reduced substantially to clear and are FINAL SALE. They may not be returned or exchanged. We are happy to provide measurements and additional information as needed.
Clearance items are in our warehouse and not available in our shop.
In the event of an item being returned, a 20% restocking fee is charged.

derrick

Kirri wrote: »

Good point I will do that, they are very slow to respond even to orders - they took a week from me placing my online order to generating the invoice for me to pay as it was via Paypal there was no option for instant payment. (maybe there are other rights available from Paypal too that I should investigate?).

I am however a bit worried as I've just re-read the wording on the website:

PLEASE NOTE:
All clearance items below are reduced substantially to clear and are FINAL SALE. They may not be returned or exchanged. We are happy to provide measurements and additional information as needed.
Clearance items are in our warehouse and not available in our shop.
In the event of an item being returned, a 20% restocking fee is charged.

They are not allowed any of that under DSR and SoGA,(T&Cs cannot take away your statutory rights), read through the OFT guide from the link in post #8, it is all explained.

i.e.;-

" From page 27; - Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

derrick

Kirri wrote: »

Good point I will do that, they are very slow to respond even to orders - they took a week from me placing my online order to generating the invoice for me to pay as it was via Paypal there was no option for instant payment. (maybe there are other rights available from Paypal too that I should investigate?).

I am however a bit worried as I've just re-read the wording on the website:

PLEASE NOTE:
All clearance items below are reduced substantially to clear and are FINAL SALE. They may not be returned or exchanged. We are happy to provide measurements and additional information as needed.
Clearance items are in our warehouse and not available in our shop.
In the event of an item being returned, a 20% restocking fee is charged.

These can be construed as illegal, and a call to your local Trading Standards is in order.

Birmingham TS;-
"WHAT STATEMENTS ARE PROHIBITED?
Any statement which would cause a reasonable person to conclude that he would not be able to pursue a justified claim against a retailer would be prohibited and therefore illegal. Examples of statements which the courts have deemed illegal are as follows:

a) 'No Cash Refunds'
b) 'No Sale Goods Exchanged or Money Refunded'
c) 'Sold as Seen and Inspected'
d) 'Please Examine Your Goods with Care Because our Liability Ends Once they Leave the Premises'
e) 'No Refunds or Exchanges Without a Receipt'"


Cambridge TS;-

"Notices stating “No Refunds on Sale Items” or “Credit Notes Only on Sales Items” may be illegal – tell Trading Standards about any such signs."

Kirri

Thanks for your help and taking time to reply, you've been really helpful
I will see what they say and reply quoting the DSR and SoGA after that if necessary.

mum2one

If it was ordered online - the distance selling regulations come on force, as you did not "hand pick" the item yourself, x

woody01

Kirri wrote: »

I did try but it wasn't going to happen!

If you need a hand, then let me know:whistle:

Kirri

woody01 wrote: »

If you need a hand, then let me know:whistle:

Haha!



Luckily they have now said I can return the item!


Their first email however, just said that the size absolutely represented a size 10, they were designed to be tight and they had sold hundreds with no complaint.... So I said it didn't measure up to the 32" on the size guide being 3" too small and under DSR I believed I was entitled to a full refund. They then replied saying to send it back...

Things like this really annoy me as I wouldn't complain unless I had a valid complaint.