Right to refund of postage on mis-sold items from online shop?

Wizwam

I have made a purchase online and the product I received was not as pictured or described, therefore mis-sold in my opinion. I filled in their returns form online and they sent a gerneric email to me instructing me to return the items, unused, with proof of purchase, upon receipt they would decide whether to refund and not to contact them within 30 days. I have returned the items at my cost and in my enclosed letter I said due to the fact the items were not as described I expected to receive a full refund including postage. They have now sent an email confirming my refund has been processed, only the refund is for the items amount only, not including the £7.99 postage I paid for named day delivery. They actually sent their parcel to me by normal post at a cost of £1.92 to themselves. (I also included a photocopy of this with my letter). Including my return postage which I appreciate I will not get back, I have spend £10.65 on postage, and having nothing to show for it. Do I have any way of making them refund the cost of the original carriage?

A minor issue possibly , but it is the principal that they are profiting from their mistake, and I think it is disgusting that they can do this when they are clearly in the wrong and would like to protect others from buying from them.

unholyangel

Who did you make the purchase from? When did you order, when did you receive and when did you fill in the forms online?

Wizwam

I purchased from Cheap Disability Aids, Order placed 27/9/12, I received October 1st. Filled form in on October 1st. Initial reply on 1st saying they had received my returns request and were reviewing it. On the 8th I was asked to return the items. On the 15th I was informed they had refunded my item.

ThumbRemote

Get in touch again and request the refund of the outbound and return postage. You are entitled to both.

Under the Sale of Goods Act, this is a recission of contract, and you need to be put back in the situation you were before the contract was formed - which means not out of pocket for postage in either direction.

bod1467

ThumbRemote wrote: »

which means not out of pocket for postage in either direction.

Indeed. If the return was due to change of mind under DSR then only the outbound postage is due. However if you've returned due to SNAD (sold not as described) then SOGA applies so you are due BOTH sets of postage costs.

Wizwam

That is great advice thank you so much, I phoned earlier and am waiting for them to ring me back so I now have more idea about my rights and what to say, so thank you. I will wait to see what they say. Checking their website now, they have changed the picture, I hope they don't try to say it was always that way.

shaun_from_Africa

Would you be able to say exactly what it was that you purchased?

Even though they have changed the website, it is very often possible to get a google page showing how it looked prior to the change. (it's called a cached page).

Wizwam

I purchased Colour Storm Balls, The picture was originally the ball being held in someones hand therefore indicating size i.e 10cm which is what I thought I was purchasing. The picture now shows just the ball but not being held, however it is still the incorrect picture as the balls I received were small and water filled, not as the picture shows large and filled with a glycerine type fluid, so all is not lost perhaps!

wealdroam

Is this the current webpage?...
http://www.cheapdisabilityaids.co.uk/colour-storm-ball-444-p.asp
Seems strange that they don't mention the size.

If so, I have found a cached image dating from 9 Oct and that shows the same image, i.e. without hand.

Sorry, can't find an older cached copy with a different image.

Wizwam

Yes, that is the current image, if you google colour storm ball you can find the generic image they originally used to advertise the ball. I assumed wrongly there was only one size of ball and therefore ordered, and it did say the ball way large. 6cm is in my opinion small and looked like something you would pay about £1 for. Thanks for trying though, very much appreciated.

Wizwam

(Text removed by MSE Forum Team)

I am SEETHING, not only due to the fact that they have blankly refused to refund my postage, but almost worse is that they can blatantly lie about their website, they have clearly changed their website to now having two alternative balls on offer, this was not the case and surely if it were then "wealdroam" would have found both when searching for the cached page for me? In addition to this, I purchased my balls at £4.39 each not £3.99 and they were on offer at a reduced price from £7.99. So taking into account what Daniel has said I surely still should have received the larger of the balls anyway, had there actually been a choice of balls on offer. Also, their picture for the smaller ball may not now show the hand but it is clearly the same ball just without the hand, this is still not the balls I received. There were far less coloured balls inside and due to it being water filled the balls would not swirl like the picture suggests.

I don't know what I can do from here. I haven't yet replied as I would like advice on whether it would be considered libelous if I were to warn my friends on facebook or twitter not to use this company, therefore naming and shaming, would/could I get into trouble? I am just so angry at their poor attitude and customer care. For the sake of refunding my postage they have lost my goodwill and respect and have ensured that I will never buy from them again and will go out of my way not to recommend them to anyone.