Asos - Refusal of refund on damaged item

krato

My sister recently purchased a chiffon dress from Asos.com. The dress arrived in bad condition, it had holes on it that looked like they'd been patched up with clear nail varnish so it was obviouslly not new to begin with, she didn't even try it on due to it's condition. She returned the dress as faulty/damaged on the returns slip, and later receieved an automated email stating that the dress wasn't returned in it's original condition and they won't offer a refund (why else would they have a faulty/damaged tick box?!), they sent the dress back to her. She contacted Asos stating that it's how she receieved the dress and they told her to send it back to them for further "inspection". They returned the dress again, today, with the same note "Item rejected due to iron marks on the material". Asos can't be contacted via phone, they only have email support so there's no way to talk to someone.

We have no idea where we stand now, they won't take responsibility for sending the dress out in this condition, instead they're holding my sister responsible for causing the damage. She can't prove it arrived in this condition, therfore is it even possible to receieve a refund? Most reputable sellers/companies would take responsibility, and refund the item without quibble, but Asos... not so!

I'd be really grateful for any information, or a point in the right direction. I've tried looking at consumer rights but can't find anything on the seller refusing a refund with this excuse.

Welshdebtor

Not read it all but this will at least answer the phone number issue, hopefully some other questions.

https://forums.moneysavingexpert.com/discussion/1136723

Welshdebtor

Not sure how to go about getting a refund, as it sounds damaged by customer use. Not sure how you can prove it was received in that state.

How shocking though that ASOS sent out a dress that was obviously not new.

krato

Welshdebtor wrote: »

Not read it all but this will at least answer the phone number issue, hopefully some other questions.

https://forums.moneysavingexpert.com/discussion/1136723

Thanks though it appears that number won't accept customer service enquiries.

Welshdebtor wrote: »

Not sure how to go about getting a refund, as it sounds damaged by customer use. Not sure how you can prove it was received in that state.

How shocking though that ASOS sent out a dress that was obviously not new.

Whoever did it, got away with it, as it must have passed their "inspection" for it to be resold! It makes me more angry that they can blame her for the damage with no proof, it's insulting, I'm a guy and even I know you don't iron that kind of material! I just feel hopeless as I usually take care of these problems, but Asos are just going around in circles hopeing we'll give up!

Welshdebtor

Just thought, and I may be wrong if the damage is taken into account.

But under Distance Selling Regulations she could of sent it back within 7 days for a full refund. Which I am guessing she did, reading your post suggests it was sent back pretty quick.

Seems asos like selling damaged/returned goods - http://www.dooyoo.co.uk/online-shops/asos-com/1319830/

krato

Welshdebtor wrote: »

Just thought, and I may be wrong if the damage is taken into account.

But under Distance Selling Regulations she could of sent it back within 7 days for a full refund. Which I am guessing she did, reading your post suggests it was sent back pretty quick.

Seems asos like selling damaged/returned goods - http://www.dooyoo.co.uk/online-shops/asos-com/1319830/

She returned the dress the following day so it would have easily been within the 7 working days, though as you said if she did damage it I doubt it would be covered by the 7 day DSR. There's just no way of proving that she didn't damage it, but they have no way of proving they didn't send it out in that condition either, so it comes down to, who has to prove what!

She's not even bothered about the money, it's the blame which makes her angry! If they offered an apology I'm sure she'd forgive them. She shops at Asos a lot, over the past few years I dread to think how much she's spent with them, she just doesn't expect this customer service from a "reputable" company and nor do I. Fine, if they don't want to lose out on £30, but they'll lose out more in the long run if she's not shopping with them!

I recently purchased some items from Avon which arrived, and the product packaging was damaged, (nothing too serious) one item was missing as well, Avon replaced the whole order free of charge, so I basically got my order half price. M&S sent some wine glasses and other items about a year ago, one of the glasses had been damaged, I contacted them and they replaced all of the wine glasses. This is an example of customer service which makes loyal customers- I have no idea what Asos' technique is, but it's deffinately not working!

shaun_from_Africa

though as you said if she did damage it I doubt it would be covered by the 7 day DSR.

Even if your sister had taken a stanleyknife and blowtorch to the dress before returning it, she would still be legally entitled to a full refund under the DSR's.
(sounds stupid I know, but that is exactly how the law stands).

It gets even more ridiculous when you think that the seller must even give a full refund within 30 days of being informed of the buyers wish to cancel, even if they don't return the goods.

All the seller can legally do is to refund and then take legal action to recover their losses.

krato

shaun_from_Africa wrote: »

Even if your sister had taken a stanleyknife and blowtorch to the dress before returning it, she would still be legally entitled to a full refund under the DSR's.
(sounds stupid I know, but that is exactly how the law stands).

It gets even more ridiculous when you think that the seller must even give a full refund within 30 days of being informed of the buyers wish to cancel, even if they don't return the goods.

All the seller can legally do is to refund and then take legal action to recover their losses.

So if she returned it within 7 working days with it damaged, (her fault or not) then they legally have to give her a refund? I can bring this up in an email to them if so. Do they have to receive it within that time, or does she has to send it in that time? I'll ask if if she still has proof of postage (I hope so!)

Welshdebtor

krato wrote: »

She returned the dress the following day so it would have easily been within the 7 working days, though as you said if she did damage it I doubt it would be covered by the 7 day DSR. There's just no way of proving that she didn't damage it, but they have no way of proving they didn't send it out in that condition either, so it comes down to, who has to prove what!

She's not even bothered about the money, it's the blame which makes her angry! If they offered an apology I'm sure she'd forgive them. She shops at Asos a lot, over the past few years I dread to think how much she's spent with them, she just doesn't expect this customer service from a "reputable" company and nor do I. Fine, if they don't want to lose out on £30, but they'll lose out more in the long run if she's not shopping with them!

I recently purchased some items from Avon which arrived, and the product packaging was damaged, (nothing too serious) one item was missing as well, Avon replaced the whole order free of charge, so I basically got my order half price. M&S sent some wine glasses and other items about a year ago, one of the glasses had been damaged, I contacted them and they replaced all of the wine glasses. This is an example of customer service which makes loyal customers- I have no idea what Asos' technique is, but it's deffinately not working!

Within the first 6 months of owning goods if it becomes damaged/faulty it is more the responsibility of the retailer to put things right, unless it can be proved the damage/fault is as a result of wear and tear.So asos are saying the damage is wear and tear/your sisters fault?????Yet she only had it 24hrs, and asos think she ironed it and etc in this time?????Poor excuse sounding to me.

Even if she got it and did not like it, she had no deliberate reason to damage it to aid a refund, as she was covered DSR anyway.

That said can not see any easy way of proving blame. Unless someone who has more knowledge of circumstances like your sisters comes along, you may get better answers from consumer direct.

Welshdebtor

shaun_from_Africa wrote: »

Even if your sister had taken a stanleyknife and blowtorch to the dress before returning it, she would still be legally entitled to a full refund under the DSR's.
(sounds stupid I know, but that is exactly how the law stands).

It gets even more ridiculous when you think that the seller must even give a full refund within 30 days of being informed of the buyers wish to cancel, even if they don't return the goods.

All the seller can legally do is to refund and then take legal action to recover their losses.

thanks for that. I was hoping someone else what pop along

shaun_from_Africa

You will find the OFT guidelines here.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf;jsessionid=25BF071836B73865A05D7DD9C3597B86

Can I withhold a refund if a consumer fails to take reasonable care of the goods?
3.47
No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable car

Do they have to receive it within that time, or does she has to send it in that time?

Neither.
All you are legally required to do is to inform the seller of your wish to cancel under the DSR's within 7 working days following the day the goods were received then they have up to 30 days to issue the refund (whether they have received the goods back or not).