Quick questions on Consumer Rights

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  • chris.mac_2
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    Thanks I'd assumed that to be the case but I wasn't 100% sure

    As the item was over 2kgs weight the default option was next day delivery -would this make a difference?

    Would I be able to quote the Consumer Rights Act 2015 if they argue against refunding this
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    No it doesnt make a difference. In the first 6 months they need to refund all monies paid - they're not allowed to deduct anything from the refund (unless its a motor vehicle).

    Thats from the consumer rights act - so yes you can quote the CRA.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • manuncrod77
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    This is how UK Teeth Whitening denied a request for a faulty item replacement:
    'the office in Liverpool is a separate company in the UK used for mail fulfilment only, the contract is not between yourself and the fulfilled company it is between our company in the Seychelles and yourself. As we are based in the Seychelles we are not governed by UK or EU law so therefore the Consumer Rights Act of 2015 does not apply to our company here in the Seychelles'
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  • manuncrod77
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    This is how UK Teeth Whitening denied a request for a faulty item replacement:
    'the office in Liverpool is a separate company in the UK used for mail fulfilment only, the contract is not between yourself and the fulfilled company it is between our company in the Seychelles and yourself. As we are based in the Seychelles we are not governed by UK or EU law so therefore the Consumer Rights Act of 2015 does not apply to our company here in the Seychelles'
  • candyfloss<3
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    I'm looking at the returns and exchange policy for the website hotmilk lingerie and there's conflicting terms on their website.



    On the returns and exchanges page, it states there is a £4 one off admin fee for credit card refunds. On the FAQ page it states there is a one off £4 fee will be deducted for all refunds to cover their admin and handling costs.



    I will contact them regarding the conflicting terms but also wanted to know if it's in their legal right to deduct that £4 off the refund.



    Please note that they do not cover the return postage costs and that if an exchange is required no further charges will be incurred.



    This is the first time I've seen a fee for refunds so I'm not aware if it's legal or not. Thanks in advance for any advice.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    edited 12 September 2018 at 2:33PM
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    I'm looking at the returns and exchange policy for the website hotmilk lingerie and there's conflicting terms on their website.



    On the returns and exchanges page, it states there is a £4 one off admin fee for credit card refunds. On the FAQ page it states there is a one off £4 fee will be deducted for all refunds to cover their admin and handling costs.



    I will contact them regarding the conflicting terms but also wanted to know if it's in their legal right to deduct that £4 off the refund.



    Please note that they do not cover the return postage costs and that if an exchange is required no further charges will be incurred.



    This is the first time I've seen a fee for refunds so I'm not aware if it's legal or not. Thanks in advance for any advice.

    https://uk.hotmilklingerie.com/pages/returns-exchanges

    If its that website, they don't appear to be a UK company or have a physical presence in the UK. They certainly don't comply with EU or UK law and they don't even have any T&C's that tell you who the contracting party is.

    I wouldn't buy from that site.

    If you're really wanting what they're selling, I'd maybe look up your closest stockist and buy direct from them so you have the protection of UK/EU consumer laws.

    ETA: If they were in the UK or even the EU, they wouldnt be able to make a deduction because you paid by card. They're only allowed to make deductions if you return the goods at their expense or you diminished the value of the goods with handling that goes beyond what is necessary to establish the characteristics of the goods. But even then, they can only do so if they provided you with the necessary information under consumer contracts regulations, if they don't provide the info then they cant make the deductions even if you do return at their expense/diminish the value of the goods.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bris
    bris Posts: 10,548 Forumite
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    Seems to be a New Zealand website so UK law doesn't apply. You might want to check for import fees while your at it.
  • L30tse
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    Hi everyone 👋🏻
    I’ve just joined as I need some help. Hope you lovely people can point me in the right direction.

    I’d recently won a prize from KFC on one of their summer promotions.
    It was a ‘scan your app’ when purchasing a drink competition to win a variety of prizes.
    I then had an email to say I’d won (a pair of Bluetooth noise cancelling headphones - worth £135) and I had to input the prize code on another site to get this item for free.
    This code didn’t work after several tries. I emailed ‘KFC promotions’ team about this situation, and they replied saying to give them 7 days to solve the issue.
    After sending them numerous emails asking for an answer, one month later they said that it was a mistake and that I didn’t win. They apologised with a £25 voucher which, I am not happy with.
    They led me on all this time and I couldn’t wait to get these amazing headphones that I’ve read about!
    My question is; can they do this!?
    Where do I stand on getting my prize?

    Many thanks in advance.:)

    Leo.
  • R3y2727
    R3y2727 Posts: 18 Forumite
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    Hi all I hope you can help me.
    I bought my daughter an iPad at the start of 2017. The battery has been confirmed as faulty by apple and have said that currys should replace under consumer law. After 8 weeks of being ignored and constantly calling they are offering £108 of vouchers to use in store or the same in cash but I need to return the faulty iPad. Apple have said they will replace for £80ish so I was hoping to do this with the part refund from currys but they refuse to let me keep the faulty item. Does anyone know where I stand with this please. Thanks
  • lincroft1710
    lincroft1710 Posts: 17,695 Forumite
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    pmduk wrote: »
    I can't imagine anything more appalling than a compulsory Christmas works party.

    I'm not recommending it to the OP, because it isn't career-enhancing but I'd be straight into the grievance-procedure, and whatever happened, I wouldn't be there.

    But this is my personal view not advice to the OP

    I think you've replied to the wrong thread
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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