who is responsible?

yum_yum_2

I ordered a dress from Pretty Kitty Fashion via Amazon.
The cost of the dress was £24.99 plus postage of £2.99
On the Amazon website the measurements of the dress was given as Large – 39″ chest but when I received the dress it measured only 37″.
I unfortunately had to send the dress back to Pretty Kitty Fashion because the measurements given on the sizing guide were wrong and the dress did not fit.
I had to pay a further postage cost of £2.98 to send the dress back.
Although the initial cost of the dress £24.99 was refunded I am still through no fault of my own £5.97 out of pocket.

I am being fobbed off by both Pretty Kitty Fashion and Amazon as to who is responsible for giving/supplying the wrong size guide.

Any advise would be helpful.

Thanks

wealdroam

Pretty kitty Fashion should refund all monies paid.

Distance Selling Regulations say...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

For more useful DSR info, have a look at the thread entitled Please Read First (or something like that)

As they appear to have sent the wrong thing, you could use Sale of Goods Act to get both lots of postage refunded.

squeaky

wealdroam wrote: »

For more useful DSR info, have a look at the thread entitled Please Read First (or something like that)

:rotfl:

Brilliant!

For the OP, the thread being referred to in this slapdash way (:p to wealdroam) is the Read Me First please thread which is a sticky thread at the top of the Consumer's board main listing page. This one:-

READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

<sigh> mutter mumble works me fingers to the bone mumble grumble

halibut2209

Yup, wrong item sent, they are liable under SOGA (not DSR) to refund ALL monies including all postage.