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

Owain_Moneysaver

Wizwam wrote: »

Further to the above, I felt confident in pursuing Cheap Disability Aids for the refund of my postage costs, so sent them an email. This is the reply I received:
In regards to postage we only have to refund any standard postage under the distance selling regulations but enhanced upgrade postage options are not covered by the same right.

You are not returning the items under DSR, you are returning them under SOGA and claiming against them for breach of contract.

Write to them saying that unless your receive a full refund of all your costs within 14 days you will issue a claim against them (moneyclaimonline) and will seek recovery of your full costs in doing so.

shaun_from_Africa

Was this the picture that was used on the website when you placed your order? ?

http://webcache.googleusercontent.com/search?q=cache:c5PwJCbUfskJ:www.shopmania.co.uk/toys/p-colour-storm-ball-31083038+%22colour+storm+ball%22+%22cheapdisabilityaids%22&cd=12&hl=en&ct=clnk&gl=uk

Wizwam

I will email them and hope for the best, thanks Owain moneysaver! Wish me luck!

YES! Shaun from Africa it is, clever you, thank you so much.

Wizwam

Update: I have sent an email asking them once again to refund or I will issue a claim against them and they have responded to this support ticket. In other words as far as they are concerned it is case closed.

I now have to do what I have said, but I am a busy Mum of 4 and don't have much spare time especially during the day, and can't risk not getting my costs back, is that likely to happen would anyone know?

wealdroam

shaun_from_Africa wrote: »

Was this the picture that was used on the website when you placed your order? ?

http://webcache.googleusercontent.com/search?q=cache:c5PwJCbUfskJ:www.shopmania.co.uk/toys/p-colour-storm-ball-31083038+%22colour+storm+ball%22+%22cheapdisabilityaids%22&cd=12&hl=en&ct=clnk&gl=uk

And the current version of that Shopmania webpage still has the 'ball in hand' picture on it too.

It does however link to the cheapdisabilityaids webpage that now does not show a hand.

It is clear that cheapdisabilityaids have tried to cover up their mistake, but failed.

Wizwam

(Text removed by MSE Forum Team)

Despite my anger and disappointment at their treatment I don't feel I can follow through with legal action. I am quite sure there was no additional ball available as only 1 option came up, and they have changed their website whatever they say to the contrary, but I can't risk not getting my costs paid and the time this has already taken from me is more than I can spare already.

Thank you so much for all the help I have received on this matter from you all, it has at least given me the confidence to stand up to them and pursue my refund with a little more knowledge than I had before.

I have sent another email asking why if they had 2 options all along, they didn't offer to send me the correct balls instead of a refund. I am awaiting a reply but hold little hope of a satisfactory resolution.

Is it legal to say online what a bad company they are and not to recommend anyone buy from them? Or would this be likely to get me into hot water?

zaax

Have you looked at the internet archive?

http://archive.org/ and the way back machine to see if it holds an old copy of their webpage?

unholyangel

If what you say is factual then no.

But given they claim to have proof to indicate 2 balls have always been available and the hand picture has never appeared on the smaller balls page, it might be best to avoid mentioning anything other than you were unhappy with their customer service - since that is factual without being libellous. It doesnt say their customer service is bad etc, just that you were unhappy with it.

Is it remotely possible that the link shaun provided is the page you viewed and saw that picture? While the picture doesnt match that of disabilityaids, if you also notice....the picture is hosted by shop mania and not by disabilityaids.

Personally on the balance of probabilities (providing the company do indeed have the proof they say), I would say this is a 3rd party error. Not the error of the OP or the retailer. They've maybe just looked for pictures of storm ball for their library - not realising/caring there are 2 different sizes.

Doesnt help now but for future purchases online, I usually screenshot the pages. If I hold an online chat with one of their reps, I screenshot that too. Call me crazy but I started doing it after I ran across companies saying one thing yet doing another!

consultant31

I've been looking at something on their website for my Mother so I'm really glad to have come across this thread. I shall look elsewhere.

If I were you I would definitely share my 'unhappiness' with friends on Facebook and Twitter (if I used them, which I don't but ykwim, lol)

pmduk

You may be in the right, but for £10.65 is it worth it? I know it's a matter of principle, but as you say, you're a busy mum, so put this behind you, making sure you or your friends never order from this bunch again.

There are times to fight for your rights, but I don't think this is one of them.