Online order - wrong size sent

Ames

Hi all,

I'm going away next week and bought a couple of dresses in the online Dorothy Perkins sale. They arrived quickly, but one of them is a small instead of extra large. It's from a range only available online, not in store.

I emailed and explained that as I'm disabled I find it difficult to return items via the post office due to long queues and parking problems. I asked if on this occasion I could return it to the store (the website says that for the online ranges they can only be returned by post not to store), and could they send me the right size.

I've had an email to say that I can return it to store and exchange it for something instore.

The thing is, I don't want to get something just for the sake of it, I either want the dress I ordered in my size or a refund. I've emailed them tonight explaining that.

It only cost £7, so I feel a bit like I'm making a fuss about nothing, but it's really annoyed me that they've been so blase about it - their email didn't even apologise for the mistake.

So, do I have the right to a refund? It's their mistake, but I don't know the rules for online sales, and me being awkward about returning it by post probably means that I don't have as many rights.

If you think I am making a fuss over nothing then please let me know!

paddedjohn

you are entitled to a full refund under the dsr's

Ames

Thanks, would I have to post it back though, rather than take it into a store?

Would it definitely be DSRs? As I thought they were to give you time to change your mind? Would it also come under the sale of goods act, as it's not fit for purpose due to a mistake on their part? I just want to have as many rules and regs to throw at them as possible, to back up my point.

arcon5

Ames wrote: »

Thanks, would I have to post it back though, rather than take it into a store?

Would it definitely be DSRs? As I thought they were to give you time to change your mind? Would it also come under the sale of goods act, as it's not fit for purpose due to a mistake on their part? I just want to have as many rules and regs to throw at them as possible, to back up my point.

That would be entirely at their discretion. Many large retailers run their retail and online business's seperately so returning to a store isn't always an option. Some do however allow it.

You can return under Sales of Goods Act -- not as described or the Distance Selling Regulations as said which give you a 7 day cooling off period from the day after delivery.

Ames

Thanks. Does the 7 days get extended by the time I've been waiting for them to reply to my emails?

They told me I could return to store, but that it would be for an exchange, not a refund, so can I still ask for the refund using the SoGA and DSRs?

clarkey3262

Yes you are entitled to a full refund. But you can't use "not fit for purpose" as the reason, it is "not as described" as it is different to what you actually ordered, SOGA is the one I would use if there was not option of an exchange although it makes little difference tbh.

Also I don't think the 7 day period gets extended (remmeber WORKING DAYS) because of their reply times, it starts the day after delivery.

Ames

Thanks, I'll try taking it back to store tomorrow. If I have to send it back do I get a refund on the postage (for the return) too? Otherwise postage might end up more than the refund.

clarkey3262

It was their error so they should refund any postage you pay to send it back (plus what you paid as their postage charge if the entire order is being cancelled)

Ames

No, the rest of the order's fine and it was free delivery for that anyway.

Thanks for all the help guys.

arcon5

Ames wrote: »

Thanks, I'll try taking it back to store tomorrow. If I have to send it back do I get a refund on the postage (for the return) too? Otherwise postage might end up more than the refund.

Yes you should.. whether you do or not depends on how reputable the company is.

Its only if you change your mind and cancel under DSRs that the buyer is responsible for return costs -- only if it says so in their terms though!!

Ames

Thanks, they are a reputable company (well, a big well known one)- Dorothy Perkins, part of the Arcadia group I think.