Obtaining a Refund for Unwanted Goods

MOPI

Hi,

I recently purchased something from an online retailer, who offers a 28 day money back guarantee. Firstly there returns policy stipulates that it is 28 days from the time of receiving the goods, in this instance the courier attempted to deliver on the 15th of February but I did not pick up the goods from the depot until 16th February. Subsequently I was quite close to the returns time period but I arranged for the return of goods via a courier, who attempted to return the goods on 16th March, but due to no one being present at the address the item was later delivered to the returns address on 18th March.

Secondly the retailer is now stating, after having the goods for nearly 3 weeks that they are refusing to refund the goods as they weren't returned in their original packaging or condition, which I dispute. Also they are stating that the item was not returned within the 28 days, which I also dispute.

I have paid for the item using my Tesco credit card, who have denied raising a claim under section 75 of the consumer credit act, as it is basically just one word against another and the items were not faulty.

My question is do I legally have a leg to stand on with any of this and is the credit card company right to deny me the option to claim under section 75?

Thanks in advance for your help.

halibut2209

16th Feb - 18th March is over the 28 days

MamaMoo_2

halibut2209 wrote: »

16th Feb - 18th March is over the 28 days

However 16th Feb-16th March isn't. It isn't OP's fault that there was nobody at the premises to accept delivery on the 16th.

halibut2209

That's the risk when leaving it so late

Slowhand

MamaMoo wrote: »

However 16th Feb-16th March isn't. It isn't OP's fault that there was nobody at the premises to accept delivery on the 16th.

Neither is it the sellers fault that delivery wasn't accepted on the 15/2. IMHO OP can't have it both ways. OP does seem to have a problem with guarantees/timing.

MOPI

Thanks for the responses so far.

I do understand both sides of the argument, however as the consumer I am trying to fight my side based on fact that I did try to return within the 28 days. Apart from this factor (which I know is pertinent), do I have any legal grounds with my credit card etc?

Thanks

visidigi

MOPI wrote: »

do I have any legal grounds with my credit card etc?

Thanks

put simply, no you don't

arcon5

You returned them to arrive on a Saturday..?

halibut2209

Excellent spot

unholyangel

What was the item? When did you notify them you wanted to cancel? Did they inform you of your rights under the Distance Selling (Consumer Protection) Regulations?

If you:
a) notified them that you were intending to cancel by email for example within 7 working days starting the day after delivery or
b) they didnt inform you that you have the above right (to cancel within 7 working days starting day after delivery)

then you will be covered by the DSRs (providing what you ordered isnt exempt as some goods/services are). In the first instance, you have fulfilled the requirements under DSRs. In the second, if they dont inform you prior to contract conclusion, then you have 7 working days starting the day after you are informed of your rights by them in a durable form. If they dont inform you of your rights at all, you have up to 3 months and 7 working days to cancel under the DSRs.

Since they're refusing a refund, are they proposing to send the item back out to you? (just curious)

mattyprice4004

arcon5 wrote: »

You returned them to arrive on a Saturday..?

I've got my popcorn...

If it was timed on a Saturday then you're stuffed.