'Panik Design' - unreasonable returns policy

hels13_2

Hi, I just wanted to let you know about a very disappointing service, or distict lack of, that I have received following a Christmas present purchase.

I bought an item from their website two weeks before Christmas as a gift for my husband. Unfortunately he did not like it and I therefore consulted their website to establish their returns policy. I could not find any details on the site so emailed Panik 14 days after Christmas.

I received a response from them advising that they operated a 7 day return policy. I explained that this was a Christmas gift and that I had expected some extended credit over the Christmas period. They responded saying that I had purchased the item on the 14 Dec so it had now been a considerable amount of time.

I think it is inappropriate to include the two weeks prior to Christmas as pressumably most purchases made within the month before Christmas as intended as gifts and would therefore not even be opened until the 25th.

I emailed again asking about their exchange policy, if they could not offer a refund. I received blunt and somewhat rude responses and have still not been advised as to their exchange policy.

I will not be ordering from this site again as the minimal saving that I made against high street prices is not worth the hastle and inconvenience should you have a similar issue. Nor would I advocate purchasing from what seems to be an amateur and unaccommodating company with a very obscure concept of customer service!

MamaMoo_2

I don't see what your problem is. The website is very clear about their returns policy. Perhaps if you has emailed them before you purchased they may have been willing to extend the returns period (I know at my old employer's stores, if someone was purchasing a birthday or Christmas gift, we would mark & sign the receipt so that it was clear when the returns period began.
You shouldn't assume that they will extend their returns policy at Christmas unless their website advertises this.
Unfortunately, I think it may be tough luck, unless the retailer go above and beyond your consumer rights and offer you an exchange

vicmorrow

Google Distance Selling Regulations. Specifically read the bit about a seller informing you of your right in a durable form to cancel in writing within 7 working days of receipt of item...did they? If they haven't you still have time and the right to return the goods for a full refund.

shaun_from_Africa

MamaMoo wrote: »

I don't see what your problem is. The website is very clear about their returns policy.

Their website may be very clear, but their terms are still illegal as they are in breech of the DSR's.

If you are dissatisfied with your purchase we offer a refund guarantee, provided the goods are returned to us within seven working days. You don't have to return within 7 days. You have 7 working days following day of delivery to inform seller of your wish for a refund.

Provided the goods are in perfect condition, and in the original packaging, a full refund will be given on the product, (the seller can't refuse a refund if either of these conditions aren't met) excluding delivery charge. (Again, illegal. The delivery charge must be refunded in full)

neilmcl

shaun_from_Africa wrote: »

Their website may be very clear, but their terms are still illegal as they are in breech of the DSR's.

But they do go onto to say quite clearly "This does not affect your statutory rights."

arcon5

If you ordered the 14th, I imagine received 15th or 16th (if lucky)? Therefore considering DSRs give you 7 WORKING days, you still had time to cancel it AFTER Christmas but instead left it 14 days, why's this?

arcon5

neilmcl wrote: »

But they do go onto to say quite clearly "This does not affect your statutory rights."

which basically translates to 'we will only refund original postage if you know your rights as a consumer and therefore insist we do so.'

shaun_from_Africa

neilmcl wrote: »

But they do go onto to say quite clearly "This does not affect your statutory rights."

I saw that on their website, but why would they state those terms if not in an attempt to deceive buyers?
As those terms are both illegal and unenforceable, I honestly can't see any other reason for showing them.

I wonder how many uninformed customers would read what was stated and think that as it's written on the website, it must be legal.

unholyangel

neilmcl wrote: »

But they do go onto to say quite clearly "This does not affect your statutory rights."

I think retailers are perhaps mistaking a valid term of "this does not affect your statutory rights" as a way to absolve them of their mistakes.

While I would agree its perfectly acceptable for a store to have this in their own returns policy - as obviously statutory rights refers to faulty goods......i fail to see how this company can justify using the term when their own terms are limiting the customers statutory rights.

I cant recall the exact wording but I read in the OFT's guidance to Unfair Contract Terms that presenting statutory rights as a feature of the trader is illegal. Ah wait, found the part I was thinking of and something extra:


2.8.4 Consumer contracts often include statements that statutory rights are unaffected. The aim is to achieve minimum compliance with legislation designed to protect consumers, by ensuring they are not misled into thinking these rights have been removed. But simply including those words cannot be relied upon to achieve fairness under the Regulations. The OFT considers that adding an unexplained piece of legal jargon to contradict the effect of an unfair term does not result in fairness, and indeed is likely to involve a breach of the requirement to use plain and intelligible language –
see Group 19.

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Note that, in addition, even in the absence of any attempt to reduce the rights conferred on consumers, it is illegal under the Consumer Protection from Unfair Trading Regulations to present rights given to consumers in law as a distinctive feature of the trader's offer.