We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

business seller - no returns??

Evening all ,

I've just recieved some shoes that i ordered a few days ago , the colour isn't quite right and also they are very uncomfortable when i've tried them on. I want to send them back , which i thought would be no problem as i bought by BIN from a business seller. Although I understand i'll lose my original plus return postage.

I've just checked the item page and in their Ts and Cs they state "no refunds only exchanges" , They can't do that can they??

thanks , Deb
«13

Comments

  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Evening all ,

    I've just recieved some shoes that i ordered a few days ago , the colour isn't quite right and also they are very uncomfortable when i've tried them on. I want to send them back , which i thought would be no problem as i bought by BIN from a business seller. Although I understand i'll lose my original plus return postage.

    I've just checked the item page and in their Ts and Cs they state "no refunds only exchanges" , They can't do that can they??

    thanks , Deb
    You are entitled to your entire original payment back.

    Send your seller a copy of the Distance Selling Regulations guidelines from the OFT website - they state that all the original payment must be refunded, plus return postage at the seller's discretion - though as they probably don't have a legal returns policy, theoretically you could hold them to refunding your return postage via a small courts claim or a word in Trading Standards' shell-like.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • jd87
    jd87 Posts: 2,345 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Name and shame.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Crowqueen wrote: »
    You are entitled to your entire original payment back.

    Send your seller a copy of the Distance Selling Regulations guidelines from the OFT website - they state that all the original payment must be refunded, plus return postage at the seller's discretion - though as they probably don't have a legal returns policy, theoretically you could hold them to refunding your return postage via a small courts claim or a word in Trading Standards' shell-like.

    Or email them and say you want to return. If the reply doesn't suit, then open a case and send them back tracked.

    eBay and Paypal will force the seller to pay you full original payment but not the returns psotsge. This is by far the easiest option.
  • Thank you all , I've just e-mailed stating I want a refund and i've copy and pasted a summary of the distance selling regs , i'll see what he says.
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Or email them and say you want to return. If the reply doesn't suit, then open a case and send them back tracked.

    eBay and Paypal will force the seller to pay you full original payment but not the returns psotsge. This is by far the easiest option.
    Hmmmmmm...not sure I'd use the dispute process until all else had failed.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • Crowqueen wrote: »
    Hmmmmmm...not sure I'd use the dispute process until all else had failed.

    no , i'll give him chance to sort it out first before going down the dispute route
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 August 2011 at 7:01PM
    Crowqueen wrote: »
    Hmmmmmm...not sure I'd use the dispute process until all else had failed.

    Which is why I said......
    Or email them and say you want to return. If the reply doesn't suit, then open a case and send them back tracked.

    Email them. If they don't play ball - bearing in mind their ridiculous T&C - they don't need much In the way of discretion- then hit them with a case.

    Why fanny around with a seller who doesn't know left from right? What exactly is 'all else'?
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Which is why I said......



    Email them. If they don't play ball - bearing in mind their ridiculous T&C - they don't need much In the way of discretion- then hit them with a case.

    Why fanny around with a seller who doesn't know left from right? What exactly is 'all else'?
    I think we basically agree with each other, but the dispute process is designed for SNAD items rather than simple returns, so it is the very last resort as the seller could contest the dispute if the item is not actually SNAD.

    It would be wiser to threaten legal action under the DSRegs in this case so the seller sees what they are actually responsible for rather than being given the opportunity to contest the return.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    Thank you all , I've just e-mailed stating I want a refund and i've copy and pasted a summary of the distance selling regs , i'll see what he says.

    (if i was the seller)
    i'd make it as difficult as possible for you to get a refund simply because you didn't give me a chance to give you a refund before you sent an arsey message.

    Step 1 - ask politely for a refund
    Step 2 - if they say no, message them back with the distance selling regs information.
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    (if i was the seller)
    i'd make it as difficult as possible for you to get a refund simply because you didn't give me a chance to give you a refund before you sent an arsey message.
    Then you would have a dispute opened up against you. If you then continued to be difficult you would lose a dispute. Have the dispute marked against your seller dashboard and lose getting your paypal fees refunded. Also if you got a dodgy buyer the good you received back may not be in the condition you sent them in and there would be nothing you could do about it. You would then get bad FB and slammed on your DSRs.

    Sellers getting arsey with buyers will end in one way. the seller losing out, Politeness even through clenched teeth is the way to go otherwise you just end up looking like a muppet.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.