Help - Terrible refund policy - what do i do?

ktbing

Recently purchased some items from an online shop, received today and items are too small and pretty shoddy looking, want to return them but their policy is shocking and i pretty much wont get anything back if i send it back to them! See their "policy" below. What on earth do i do?! I paid £13.40 Plus £6.99 postage and £4.08 VAT - total £24.47

Applicable return fees:
4% of the total order value, or £5.00 + vat (whichever is the greater) to reimburse the processing fees we are unable to recover
plus £15.00 + vat for re-stocking and administration (waived if a new order is placed within 30 days and not cancelled)
plus any courier or carrier charges we incur above the amount actually paid to ship or return the goods
Please be aware that if you return goods with a value lower that the return charges, you will not receive any refund.

nomoneytoday

Return under the DSR instead of their policy?

arcon5

Their policy is also a contravention of Distance Selling Regulations, which entitles you to notify them of your intention to cancel the order up to 7 working days after receiving the goods and receive a FULL refund including original postage costs. You may however be liable for the cost of returning the goods to them.

maninthestreet

Name and shame the website - I doubt their refund policy is legal...

shaun_from_Africa

Probably this lot.

http://www.candigifts.co.uk/conditions.asp

This could be their get out though:

Please be aware we are NOT Retailers, we are Wholesalers and this is clearly indicated throughout the website (including but not limited to the Candi Gifts banner across the top of each page). This is a Trade Only website and we supply only to Businesses (including Start-Ups), Charities and Organisations. By agreeing to our Terms and Conditions you are confirming that you are a Trade customer. All customers will be bound by our Terms & Conditions which are governed by UK law and need to be accepted before you can complete your purchases.

ktbing

Oh no! Does being a trade customer not protect you in the same way?

you are correct the website is candigifts

visidigi

Are you a business?

unholyangel

shaun_from_Africa wrote: »

Probably this lot.

http://www.candigifts.co.uk/conditions.asp

This could be their get out though:

I seem to remember something about that if they accept orders from consumers, then consumer law still applies. I can't remember the thread but from what I remember, one of our regulars contacted consumer direct/trading standards and asked and that was the answer they were given (that if they allow consumers to place orders, then the relevant consumer legislation applies).


After all.....it is impossible for a consumer to waive any of their rights by disclaimer/agreement or otherwise.

EDIT: It was bugging me so I've emailed asking for clarification. At least that way we'll have a definitive answer

ktbing

No i'm not a business, I was just buying things to make Christmas gifts for friends and family. So do you think if I e-mail then they may waive the policy since I am an individual not a business?

shaun_from_Africa

After all.....it is impossible for a consumer to waive any of their rights by disclaimer/agreement or otherwise.

I realise that angel, but if the OP is not a business customer I can see this getting dragged out for an awful long time.
The OP could attempt a card chargeback, but the CC company might refuse it if the OP has declared themselves as trade.

So do you think if I e-mail then they may waive the policy since I am an individual not a business?

There is certainly no harm in trying, although looking at their T&C's, I can't see them agreeing to it.

ktbing

That's another point, I did make my payment by MasterCard, does the credit card guarantee cover anything like this?

I will definitely e-mail then and see what they say, if not its probably easier for em to just flog what I bought on E-bay! At least I may get some money back that way