Online return of Clearance items - Help!

jimmerjammer

Hello
I am new to writing on forums, but not new to reading them loads!
I hope someone can help me.
I purchased some shirts in the Clearane Sale of Cocosa.com - they weren't any good and I have signed in to return them.
I have just received an email confirming my return but at the bottom it says that I will receive a Cocosa credit and not a refund.
Is this allowed under the Distant Selling Regulations.
I thought other than certain goods, ie. foods stuffs or personal items (for hygiene reasons) that you are entitled to a full refund.
Had I known this I would not have made the order.
Pretty hacked off actually. Hoping someone can help me with what I should tell them as I have already emailed saying I don't want a credit note.
Thanks in advance everyone.

wealdroam

jimmerjammer wrote: »

Hello
I am new to writing on forums, but not new to reading them loads!
I hope someone can help me.
I purchased some shirts in the Clearane Sale of Cocosa.com - they weren't any good and I have signed in to return them.
I have just received an email confirming my return but at the bottom it says that I will receive a Cocosa credit and not a refund.
Is this allowed under the Distant Selling Regulations.
I thought other than certain goods, ie. foods stuffs or personal items (for hygiene reasons) that you are entitled to a full refund.
Had I known this I would not have made the order.
Pretty hacked off actually. Hoping someone can help me with what I should tell them as I have already emailed saying I don't want a credit note.
Thanks in advance everyone.

You have a right under DSRs to a full refund of all monies paid provide you notify them of your intention to return the goods within seven working days of delivery.
That seven working days starts on the day after delivery.
You must notify them of your intention to cancel by durable means... email is ok.

Having done that, you can ignore this sentence in their T&Cs...

If you wish to return an item from the January Clearance Sale, your Cocosa account will be credited with a voucher totalling the value of your purchase. This voucher will only be valid to spend on Cocosa.com

...and demand a refund of all monies paid.

This statement on that same webpage seems contrary to the DSRs too...

Items of clothing will arrive with a security tag attached. Please do not remove this security tag if you would like to return the item to us as unwanted. We are unable to accept any item of clothing returned to us if the security tag has been removed and items will be returned to sender without refund.

jimmerjammer

Yes, that is exactly what I thought. I have to admit I didn't read the T&C's because I have always assumed that I could return items and have never had a problem before, certainly on other websites that have sale goods.

I need to wait and see what they reply to me - I received them on Wednesday and emailed today - I don't know if that is good enough.

wealdroam

jimmerjammer wrote: »

Yes, that is exactly what I thought. I have to admit I didn't read the T&C's because I have always assumed that I could return items and have never had a problem before, certainly on other websites that have sale goods.

I need to wait and see what they reply to me - I received them on Wednesday and emailed today - I don't know if that is good enough.

If you received the goods on Wednesday, you are well within the DSR timescale. You had until Friday 8th Feb to cancel.

If you need to quote anything to them, maybe this from page 25 of the OFT's guide to the DSRs will help...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

And on the second point about removing tags...

Can I withhold a refund if a consumer fails to take reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give consumers an unconditional right to cancel a contract and legally oblige you to refund all sums due in relation to the contract as soon as possible after the consumer cancels, and within a maximum of 30 days. The DSRs do, however, give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.

jimmerjammer

Thanks a lot for your reply. Very useful

The link didn't work for me to the relevant page, can I just copy and paste your section or would it have more weight if I referred them to the relevant section on the .gov site.

Very interesting about the tags too - quite a few online clothes sites do that. I had no idea.

Hopefully they will reply to me tomorrow. I will let you know what happens.

wealdroam

jimmerjammer wrote: »

The link didn't work for me to the relevant page, can I just copy and paste your section or would it have more weight if I referred them to the relevant section on the .gov site.

The link I provided is only to the OFT's guide... not to a specific page.
You'll have to scroll to the page or use your PDF readers facilities.

I think I would supply a link to the OFT's document and quote the relevent bits to them.

jimmerjammer

Here is the reply I have received this morning....

"I am sorry to hear that you are disappointed with refund in vouchers.

To confirm, the terms and conditions of our January Clearance Sales were clearly messaged in the following areas:

Delivery and Returns Tab of each product description
Customer Service Help Page
FAQ Page
Terms and Conditions Page

The January Clearance Sales offered Cocosa customers up to 90% off branded goods, and whilst we can appreciate you would prefer a cash refund, due to the large discounts offered to you, we are unable to refund you in cash on this occasion.

Your Cocosa voucher can be redeemed on all areas of the site, and does not expire as it is a cash equivalent.

As a luxury retailer, we would endeavour to ensure that we work closely with the relevant authorities during any changes to our terms and conditions and consulted fully with trading standards before launching this sale.

I would like to apologise for any disappointment caused by our January Clearance Sales."


I have now replied with the link you supplied me and the quote.
I shall await their reply.

If they still insist on a credit voucher is there somewhere I can go to lodge a complaint?

Thanks for your help.

wealdroam

Perhaps you can point out to them condition 27 in their T&Cs...

General
27. Nothing in these Terms & Conditions shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way. These Terms & Conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction in relation to any disputes or matters ensuing hereafter.

(My bold)

Maybe you need to remind them that their terms and conditions cannot over-rule your statutory rights.

jimmerjammer

Ha ha - look at the reply I have just received!

I have looked in to this matter and can advise that on this occasion we will be able to offer you a cash refund.
I have noted your account with this information and when your returns are received at our warehouse your refund will be processed.

Thank you so much for all your help. I am going to copy all of this just in case I need to repeat it somewhere else! I really appreciate you taking the time to help me.

Now if only someone could help me with my husband's PPI and the fact his bank sent it straight to a debt collector I would be a very very happy bunny!!!

wealdroam

jimmerjammer wrote: »

Now if only someone could help me with my husband's PPI and the fact his bank sent it straight to a debt collector I would be a very very happy bunny!!!

Post the details on the PPI reclaiming board and I am sure someone will help.

jimmerjammer

Yes, thanks I will go and check it out.
Needs a bit more thought as it's quite complex!
And he has his head in the sand!

Thanks again