What are my rights in this situation?

meer53

Flyboy152 wrote: »

On what grounds? If the OP successfully sues for their rights, the seller will have lost any ability to sue on the grounds of the OP not taking reasonable car of the goods.

Rosa_Alba, if you are still reading this (although I wouldn't blame you if you weren't, going by the way you have ben treated on this thread), if the seller is still refusing you a refund, contact your debit/credit card company for assistance. Explain to them that you have been trying to exercise your statutory rights, but have been denied them by the seller. They should be able to refund your money via the chargeback terms on your card (for the pedants amongst us; yes, I know this is not covered by section seventy-five) and then they will pursue them on your behalf.

There is no chargeback right for this situation.

mountainofdebt

Given that its the ruddy issue of the tags that everyone is getting their knickers in a knot over answer this one simply question :

The OP somehow manages to convince the retailer to take the rucksack back and give her a refund. You then order a rucksack and receive this particular one through the post. It's obvious (by lack of tags) that this rucksack is not a brand spanking new rucksack but one that has been returned.

Would you be happy to pay £90 for this not really never been used rucksack?

unholyangel

mountainofdebt wrote: »

Given that its the ruddy issue of the tags that everyone is getting their knickers in a knot over answer this one simply question :

The OP somehow manages to convince the retailer to take the rucksack back and give her a refund. You then order a rucksack and receive this particular one through the post. It's obvious (by lack of tags) that this rucksack is not a brand spanking new rucksack but one that has been returned.

Would you be happy to pay £90 for this not really never been used rucksack?

Tbh tags wouldnt enter my mind if it looked like new. Plus DSR's dont link retailers ability to resell as new to consumers unconditional right to cancel

Anyways, from what the OP has said, the tags are able to be attached again. TBH i'd be more concerned if it were underwear missing its hygiene barrier/sticker. Anyone see that show? Underwear is being sold that has been worn without the sticker on it. Some shops were just sticking a new one on, others werent even bothering with that.

Put me off buying underwear but i know thats not practical so just a case of washing them even more thoroughly before wearing You dont even want to know what the jeans my mate bought from asda looked like. Lets just say crusty would be a understatement.

tomwakefield

meer53 wrote: »

There is no chargeback right for this situation.

Yes there is. The shop is trying to deny the OP's statutory rights by quoting their own terms & conditions. If the shop won't comply and give the refund, the OP is within their rights to chargeback.

meer53

tomwakefield wrote: »

Yes there is. The shop is trying to deny the OP's statutory rights by quoting their own terms & conditions. If the shop won't comply and give the refund, the OP is within their rights to chargeback.

Chargeback rights are :
Not as described
Faulty/Defective goods received
Non receipt of goods or services
Cancelled Continous Authority
Non receipt of refund (the goods have to be
sent back to the retailer for this, and the
customer must be able to provide a copy of
the refund receipt.)
Duplicated transaction amount
Transaction not authorised

Which of these were you thinking would apply then ? You can't just make a chargeback right up of your own.

babyemily

Flyboy152 wrote: »

That is odd, because Flyboy12 would buy things on impulse and assume the very same as the OP. I guess by that he and the OP have a different form of ASD to your children, because all ASD people are the same, aren't they? :wall:

Are they??? Because my two are chalk and cheese.
I was not referring to buying on impulse, I was referring to removing the tags and taking it to town. For all we know the op could have taken it on a ten mile hike. You cannot find it acceptable to "test" something by removing all the tags - Yes by all means buy it, examine it etc... but by removing the tags and taking it on a jaunt to town or wherever the op has accepted the goods. To be honest something in this does not ring true. And as for your child would you not teach them that they cant go and remove the tags if they want to send something back? I am sure you would.

tomwakefield

meer53 wrote: »

Chargeback rights are :
Not as described
Faulty/Defective goods received
Non receipt of goods or services
Cancelled Continous Authority
Non receipt of refund (the goods have to be
sent back to the retailer for this, and the
customer must be able to provide a copy of
the refund receipt.)
Duplicated transaction amount
Transaction not authorised

Which of these were you thinking would apply then ? You can't just make a chargeback right up of your own.

Where have you got this from?

I think non-receipt of refund would cover it nicely. Entitled to a refund. Shop not giving one.

meer53

tomwakefield wrote: »

Where have you got this from?

I think non-receipt of refund would cover it nicely. Entitled to a refund. Shop not giving one.

It's my job. I work in the Fraud/Disputes department of a bank, have done for nearly 18 years.

Non receipt of refund will only work if the OP sends the goods back and the retailer has processed the refund but it hasn't appeared in the OP's bank account. The OP will also need to be able to provide a copy of the refund receipt from the retailer before the card issuer will action this chargeback. Without the receipt, the chargeback will fail. Plus, the retailer has up to 60 days to respond to the OP's card issuer with their side of the story. If they say that their T & C's state no refund is due then it's back to square one for the OP as you only get one attempt at a chargeback. The OP will then need to decide whether to pursue it further.

tomwakefield

meer53 wrote: »

It's my job. I work in the Fraud/Disputes department of a bank, have done for nearly 18 years.

Non receipt of refund will only work if the OP sends the goods back and the retailer has processed the refund but it hasn't appeared in the OP's bank account. The OP will also need to be able to provide a copy of the refund receipt from the retailer before the card issuer will action this chargeback. Without the receipt, the chargeback will fail. Plus, the retailer has up to 60 days to respond to the OP's card issuer with their side of the story. If they say that their T & C's state no refund is due then it's back to square one for the OP as you only get one attempt at a chargeback. The OP will then need to decide whether to pursue it further.

But the T&C's are unenforceable as they attempt to deny statutory rights. Therefore, essentially, the company is holding on to money they have no legal right to.

What happens if someone informs a company they wish to return an item, tags attached, still in original packaging and the company refuses to refund?

bb999

From the 'Which' website:

Conditions and requirements of chargeback

The main requirement for compensation is evidence that there has been a breach of contract.
There is also a time limit on claims - Visa, for example, sets a 120 day time limit which starts from the day you are aware of a problem. In the case of tangible goods that you've purchased from a shop or online it would therefore be from the day you receive the items.



Surely refusal to honour a customer's statutory rights would be a breach of contract, so a chargeback would be in order.