Plaintshirts.co.uk - Refusing refund!?!?

Am1

Purpose of my purchase was to try a few Hanes polo's for size, the ones that didnt fit, I would return. Unfortunately, all are too short for me.

Clicking on links may tell you they are trade only, but this is a very important fact. Therefore the importnce should be relayed on the front page.

Is that 100% then, I do have a right by law to get a full refund as I bought as a consumer? Any links to any laws or rights available, so that I can include it to an email to them?

arcon5

Distance Selling Regulations

Consumers cannot be contracted out of their statutory rights.

George_Michael

Clicking on links may tell you they are trade only, but this is a very important fact. Therefore the importnce should be relayed on the front page

But as I've already mentioned, you are not required to click on any links to find out that they are trade only.

Their full terms and conditions are clearly shown on the checkout page. (Below the box that you have ticked to state that you have read and agreed to these terms).

Consumers cannot be contracted out of their statutory rights

Agreed, but I don't know if I would consider risking legal action in this instance.
A judge may well be of the opinion that the OP should have been aware of the fact that the website in question was specifically for trade customers only, especially as they ticked a box stating that this was indeed the case.

Hintza

Am1 wrote: »

Therefore the importnce should be relayed on the front page.

Who says?????

arcon5

George_Michael wrote: »

A judge may well be of the opinion that the OP should have been aware of the fact that the website in question was specifically for trade customers only, especially as they ticked a box stating that this was indeed the case.

I'm sure they would be of that opinion, op shouldn't have purchased from the website. Nor should the website have accepted the order though.

If you are going to trade as B2B only they should have some checks in place to verify the customer is in fact a business and not just a consumer wondering in to the unknown.

In this instance op made no attempt to represent himself as a business (ie did not enter a business name) and the fact is he did not enter the contract in a business capacity - so despite wrongfully ordering from them, op still has the protection of a consumer which as we all know no amount of signing or clicking boxes can deny him of this.

Hintza

This is one of these instances where the DSR are possibly unfair. If I was the company I would tell the OP to bring it on, there is surely some personal responsibility left in the world.

arcon5

Hintza wrote: »

This is one of these instances where the DSR are possibly unfair. If I was the company I would tell the OP to bring it on, there is surely some personal responsibility left in the world.

Usually this is what I would do, but if the company don't want the hassle of dealing with consumers they could make it much clearer they are trade only... knowing full well consumers enter sales contracts with their eyes closed a lot of the time (hence why there are so many complaints about subscription 'scams' around here).

It is not obvious without having to read through paragraphs of text.

George_Michael

arcon5 wrote: »

If you are going to trade as B2B only they should have some checks in place to verify the customer is in fact a business and not just a consumer wondering in to the unknown.

In this instance op made no attempt to represent himself as a business (ie did not enter a business name) and the fact is he did not enter the contract in a business capacity

When you make the purchase, there is a place to put a company name.
This is not optional and without entering some details you are not able to complete the purchase.

Company: *
* denotes required fields

The OP has already stated that they saw this box because they entered dashes, so the company did have a check in place to ensure that the buyer was in fact a business.

If a buyer chooses to find a way to circumvent this check, how can that possibly be the fault of the seller?.
The OP may not have entered a business name, but they did enter something in the company name box, so as far as the automated ordering system would have been concerned, the OP was ordering as a business entity.

It would be different if entering details in the company name box was optional, but this isn't the case.

bris

arcon5 wrote: »

Distance Selling Regulations

Consumers cannot be contracted out of their statutory rights.

I completely disagree here, the op declared himself a trade customer, the website couldn't be clearer and he is not entitled to a refund.
Court action would fail, the courts want to be fair to both not just consumers.

arcon5

Yet they proceeded to accept the process the order..

I stand by the fact they could make this much clearer well before checkout.