Asos - Refusal of refund on damaged item

Welshdebtor

Due to it being faulty she can claim a refund for postage as well. This is despite what they may tell you on the website.

Think I am right if she simply did not like it then she would have to pay postage, but not so if it is faulty.

krato

Welshdebtor wrote: »

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.

Looking at the dress it actually says you can iron it on the label! I wouldn't have thought you could, maybe that's something that could be brought up, but going in that direction you'd have to lie, by admitting it was your own fault (Which I'd never do!).

She hadn't even had the dress for 24 hours, and yes they are saying during that time she had a reason to damage the dress, it's unbelievable.

She recieved the dress on 12:30pm Friday 13th (Ironic!) May, the following day she sent it back to them, she receieved an email from them on Monday 23rd May, so it was returned and receieved within 7 working days. Does this help anything?

krato

Ok so that sounds promising, what should my next cause of action be? Do I write an email for her, demanding a refund due to canceling the contract within 7 days of purchase? Should I mention the damage again? Or etc..?

What does the following mean:

The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable car

Can they take legal action against her?

Welshdebtor

Do you have a proof of the timings involved, such as proof you contacted them/sent it back the first time within 7 days? Ignore this just spotted you have an e-mail confirming things from them.

Will leave Shaun to answer best avenue to take, he seems more clued up than I am without re-reading DSR's.

krato

Welshdebtor wrote: »

Do you have a proof of the timings involved, such as proof you contacted them/sent it back the first time within 7 days? Ignore this just spotted you have an e-mail confirming things from them.

Will leave Shaun to answer best avenue to take, he seems more clued up than I am without re-reading DSR's.

Thanks welshdebator, I really appreciate your help! And yeah, as stated above she has an email from the 23rd of May which by my calculations is within 7 working days of receiving the dress, 13th May which she also has proof of due to parcel tracking (although I'm not entirely sure of which days need to be included). I'm concerned they'll turn around and say that they don't have to refund due to the damage though. I'm not great at reading legal text, so I can't personally say 100% that they have to refund despite the condition of it, can you?

Welshdebtor

krato wrote: »

Thanks welshdebator, I really appreciate your help! And yeah, as stated above she has an email from the 23rd of May which by my calculations is within 7 working days of receiving the dress, 13th May which she also has proof of due to parcel tracking (although I'm not entirely sure of which days need to be included). I'm concerned they'll turn around and say that they don't have to refund due to the damage though. I'm not great at reading legal text, so I can't personally say 100% that they have to refund despite the condition of it, can you?

From what Shaun has said and posted from DSR's, it seems they have to give her the money back. But they can then take action to recover the costs if they can prove she damaged it. That is my understanding of what Shaun posted.

How they go about proving this I do not know.

wealdroam

krato wrote: »

Thanks welshdebator, I really appreciate your help! And yeah, as stated above she has an email from the 23rd of May which by my calculations is within 7 working days of receiving the dress, 13th May which she also has proof of due to parcel tracking (although I'm not entirely sure of which days need to be included). I'm concerned they'll turn around and say that they don't have to refund due to the damage though. I'm not great at reading legal text, so I can't personally say 100% that they have to refund despite the condition of it, can you?

You have seven working days, starting with the day after delivery, to notify them that you wish to cancel the order under DSRs.
The seven working days were up on 24 May.
So if you have an email confirming receipt on 23rd, then that's ok.

They must refund all monies paid... including postage that your sister paid them to ship the thing out to her.

They have no choice... they have to refund that money.

Now... if they decide that your sister did damage the dress, then they can of course take action to get that money back.
That action may be legal action.

But the important thing for now is that they must refund the money whether or not the goods are damaged, and who damaged them.

It's all in that OFT guide to the DSRs that Shaun linked to earlier.

krato

wealdroam wrote: »

You have seven working days, starting with the day after delivery, to notify them that you wish to cancel the order under DSRs.
The seven working days were up on 24 May.
So if you have an email confirming receipt on 23rd, then that's ok.

They must refund all monies paid... including postage that your sister paid them to ship the thing out to her.

They have no choice... they have to refund that money.

Now... if they decide that your sister did damage the dress, then they can of course take action to get that money back.
That action may be legal action.

But the important thing for now is that they must refund the money whether or not the goods are damaged, and who damaged them.

It's all in that OFT guide to the DSRs that Shaun linked to earlier.

Thanks wealdroam, I have had a read trough the document. The only part that I'm worried about is the action they can take to get the money back, is this highly likely? And would it mean going to the small claims court? It seems a lot of hasse for a £30 dress! Should I email them asking for the refund under the DSR, and see what they reply with? If they email asking for it back, or threatening to take legal action what would happen if they have already gave the refund? Could I just give it back without the small claims court?

arcon5

Not only that I doubt they would waste time & money going to court when they could simply sell it on to another customer

Welshdebtor

arcon5 wrote: »

Not only that I doubt they would waste time & money going to court when they could simply sell it on to another customer

Plus doesn't it cost about £35 to take a case to small claims? Hardly worth it for a £30 dress. I am aware they would most probably add this £35 cost to their fees off the buyer, but still seems pointless.