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Faulty Clothing Item - only Part refund?

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charlie792
charlie792 Posts: 1,744 Forumite
Tenth Anniversary 1,000 Posts Combo Breaker
edited 14 September 2011 at 8:13PM in Consumer rights
My partner ordered me a dress online for my Birthday, when I opened I noticed the entire back of the dress was stained with what looked like dye from another part of the dress.

I contacted the online store and explained the situation and they told me to return the product and they would exchange it. I did exactly this over 2 weeks ago, and made it clear on the returns slip what the problem was and that I wanted to exchange it for an alternative non-faulty dress.

I contacted them this morning and have now been told they have processed a refund for my dress minus the £8 delivery cost he paid to have it shipped out.

So despite me asking to send an exchange they have gone against this and seem to think its acceptable to not refund the postage, despite me being without the product that I quiet clearly wanted.

I also returned the item at my own expense too (however Im not asking for that money)

Where do I stand with this?
MFW 2020 #111 Offset Balance £69,394.80/ £69,595.11
Aug 2014 £114,750 -35 yrs (2049)
Sept 2016 £104,800
Nov 2018 £82,500 -24 yrs (2042)

Comments

  • Faulty goods under SOGA.

    You are entitled to a full refund including the £8 delivery cost.

    It is also their responsibility to recover the goods back, but you didn't give them the option of collecting so you might not get that back.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • HAD29
    HAD29 Posts: 61 Forumite
    Part of the Furniture Combo Breaker
    Agree with halibut2209. SGA says that products bought should be as described, merchantable quality, and fit for purpose. Therefore strike three really. Under your common law rights, you are entitled to be put back in the position that you would have been had the breach not have ocurred. That being all P & P included, basically you shouldn't be out of pocket if it was their fault.

    I don't IMHO think that by not giving them the option to collect would limit your ability to recover P&P. So long as you can demonstrate the the P&P costs were reasonably incurred.
    HTWSSTKS
  • tomwakefield
    tomwakefield Posts: 8,036 Forumite
    edited 15 September 2011 at 12:59AM
    ... but you didn't give them the option of collecting so you might not get that back.
    The OP contacted the shop, and the stop told them to return it.

    No possible excuse. Full refund, including original delivery cost and cost of returning.
    Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag
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