Sale item returned but not refunded.

Matty007

Hi Guy's,

Bought a jewellery item from Links of London in their online sale.

The online shops return policy says that you can receive a full refund within 28 days of purchase.

We returned the unused and boxed item this week well within the 28 days only to be told that they could only offer a credit note as this was a sale item.

I have read their return policy again and I am not too sure if this is stated within their terms and conditions.

Copy below, please could you tell me if I have misinterpreted their policy as it doesnt seem to include this 'sale no refund policy', although I can see the 'sale exchange policy' which is for price changes on that stock.

Please note that everything is returned as requested.

Thank you.

Making Returns

You can return items within 28 days of purchase. They need to be returned with their security tag (if the item is over £98), their original packaging and proof of purchase or gift certificate and we will be happy to exchange or refund.

Regrettably, items engraved, embossed or soldered cannot be refunded unless they are defective or faulty.

For hygiene reasons we cannot exchange or refund earrings, unless they are defective or faulty.

Purchases made via the Internet or via Mail-Order cannot be returned to one of our shops.

Sale items may only be exchanged during sale period. When a exclusive VIP sale is offered items can only be exchanged within the 7 day cooling off period.

Pack the items back in the parcel, include the paperwork and send it back to:

Internet Returns Department
Links of London
Customer Care Returns Department
PO Box 1198
Guildford
GU1 9FY

Tel: +44 (0)844 477 0909
Fax: +44 (0)844 854 8297

tinkerbell28

You have a 7 day cooling off period under dsrs. Anything over that you are at their own discretion.

ThumbRemote

There are two things you need to take into accout here:

First the Distance Selling Regulations. If, within 7 days of receiving the item, you tell the retailer you wish to return an item bought online, you can do so for a full refund (with a few exceptions, eg personalised goods). In some cases it may be 30 days rather than 7.

Second, their own terms and conditions. These cannot override the legal requirement above. However, they do state "Sale items may only be exchanged during sale period". You could interpret that as "if you want an exchange we will only do so during the sale period" or "sale items can only be exchanged and only during the sale period".

When did you tell them you wished to return, relative to when the goods arrived with you?

Hintza

I suspect you should have notified them within 7 days of your wish to return.

Having said that their terms don't seem to comply with DSR as far as sale goods go, but I don't think that will help you.

timbstoke

ThumbRemote wrote: »

You could interpret that as "if you want an exchange we will only do so during the sale period" or "sale items can only be exchanged and only during the sale period".

If they claim they mean the latter, then arguably they are not informing the customer of their rights under the DSRs, which means the DSR period is extended to 3 months + 7 days.

Matty007

ThumbRemote wrote: »

There are two things you need to take into accout here:

First the Distance Selling Regulations. If, within 7 days of receiving the item, you tell the retailer you wish to return an item bought online, you can do so for a full refund (with a few exceptions, eg personalised goods). In some cases it may be 30 days rather than 7.

Second, their own terms and conditions. These cannot override the legal requirement above. However, they do state "Sale items may only be exchanged during sale period". You could interpret that as "if you want an exchange we will only do so during the sale period" or "sale items can only be exchanged and only during the sale period".

When did you tell them you wished to return, relative to when the goods arrived with you?

It was a present and and the purchase date takes me beyond the DSR 7 days.

The returns policy was critical to the purchase and my interpretation regarding their policy was that the 'sale' part was for exchanging a sale item for a repriced item.

unholyangel

Matty007 wrote: »

It was a present and and the purchase date takes me beyond the DSR 7 days.

The returns policy was critical to the purchase and my interpretation regarding their policy was that the 'sale' part was for exchanging a sale item for a repriced item.

What was the purchase date and when did you first contact them expressing (however worded) that you wanted to cancel?

Did they inform you of your right to cancel under DSRs?

If not, then you may have up to 3 months and 7 working days starting the day after delivery to notify them.

Also worth pointing out that if a term can be interpreted 2 ways, the one most beneficial to the consumer will be used.