wont let me return - deoderant marks

funkymonkey1

Actually, the condition of the item is important - it is implied that you will take reasonable care of the item while it is in your posession so the retailer can be perfectly justified in saying that items marked we deo marks have not been taken care of.

somethingcorporate

neilmcl wrote: »

Anyway, if the OP has followed the terms of the DSRs then she should be entitled to a full refund, this right is uncondtional regardless of the condition of the item.

Sorry, please correct me if I am being stupid but it seems like you are suggesting I could get an item, damage it and then return under DSRs. Surely you cannot be saying that???

shaun_from_Africa

Actually, the condition of the item is important - it is implied that you will take reasonable care of the item while it is in your posession so the retailer can be perfectly justified in saying that items marked we deo marks have not been taken care of.

Whilst it is true that you are expected to take reasonable care of the item, a refund under the DSR's can not be refused due to lack of care.
This refund is unconditional and must even be given if the buyer fails to return the goods and simply informs the seller of their wish to cancel the contract. (Utterly stupid I know, but this is exactly what the reg's state)
If the buyer returns damaged goods, or fails to return them at all, the seller must still refund in full then take legal action to recover their money.

All this can be found either in the DSR's themselves, or in the OFT guide (which is far easier to read and understand).

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

neilmcl

somethingcorporate wrote: »

Sorry, please correct me if I am being stupid but it seems like you are suggesting I could get an item, damage it and then return under DSRs. Surely you cannot be saying that???

See previous post.

Ivory_Tinkler

shaun_from_Africa wrote: »

Whilst it is true that you are expected to take reasonable care of the item, a refund under the DSR's can not be refused due to lack of care.
This refund is unconditional and must even be given if the buyer fails to return the goods and simply informs the seller of their wish to cancel the contract. (Utterly stupid I know, but this is exactly what the reg's state)
If the buyer returns damaged goods, or fails to return them at all, the seller must still refund in full then take legal action to recover their money.

All this can be found either in the DSR's themselves, or in the OFT guide (which is far easier to read and understand).

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Has anyone ever pushed it this far (ie demanded a refund on a "damaged item", got their refund but then been taken to court by the shop at a later date)? I couldn't see that it would be in the sellers best interest due to court costs (unless the item was expensive) but I could see this leading to wide abuse once everyone is aware of this law - we could all buy a party outfit, wear it and send it back claiming it was unworn but demand our money back knowing that we could get a refund under the terms of the regulation but never have any comeback from the seller

moonrakerz

mountainofdebt wrote: »

call their bluff and tell them you don't use deoderant

That'll kick up a stink :rotfl::rotfl::rotfl:

samblack

moneysavingdavina wrote: »

please can someone advise me - i'm fuming with asos!

i bought a dress a few weeks ago but when i tried it at home it didnt fit and so sent it back for a refund

have received notification today that i apparently sent it back with a deoderant mark on and it was not fit for resale - so they would send back to me to keep (cant believe i didnt notice if it had a mark on before i return but obs i did)

i dont want this dress and if i'd tried in on in a store and got a little deoderant mark on it i wouldnt be obliged to pay for it

i now have a dress i dont want and am out of pocket by £30

surely they can just wipe the mark off and save the hassle anyway!

whats my position on this?

can they do this to me?

thanks for all help...

This sounds absolutely pathetic to me. Not refunding due to a deo mark! If I was you I'd either e mail or post a letter complaining. I wouldn't admit to causing the mark either - who is to say that someone else didn't order the dress try it on and cause the mark then return it and it was then order by you and sent to you. If they are digging their heels in and not giving in I'd then ask them to prove that the mark was not on the dress before you received it.

moonrakerz

samblack wrote: »

If they are digging their heels in and not giving in I'd then ask them to prove that the mark was not on the dress before you received it.

They don't have to ! If they buyer didn't tell them it was marked at the time of purchase the natural conclusion is that the buyer put the mark on it. The buyer is the one on who the burden of proof lies.

moneysavingdavina

hi just an update on this
they returned the item to me at the weekend and told me i was uneligible for refund
and i couldnt see one mark on it! - i wrote an email (only way to contact them) and they have let me send it back for re-inspection!
i'm not sure hwat i'll do if they say its not suitable as i couldnt find one fault with it
i had my boyfriend and his mum both look over it and they couldnt see any marks either
on its return to me someone at asos has removed all the tags
i think they dont want to issue a full refund because the item is now in their sale!

any thoughts or advice?
its so frustrating that they only respond to emails
where do i stand on this?
do they look at it under a uv light or something? because i dont see how they can see marks which i cant!