Distance Selling return dispute - mark on goods

d4bec

Last week I bought a bikini online and wasn't happy with my purchase so I returned following all of the distance selling regulation advice.

However, the online company is claiming that there is a mark (food stain they say) on the bikini top. I did not mark this top. I removed it from the packaging, tried it on with no food or other dirt around, and returned it to the protective packaging.

So now they won't refund my payment. Argh! I didn't notice a stain on the top, but I definitely didn't create one so I'm really annoyed!

Any ideas as to how I can dispute this and get me money back?

Thank you!

neilmcl

d4bec wrote: »

Argh! I didn't notice a stain on the top, but I definitely didn't create one so I'm really annoyed!

Not deliberately perhaps but how do you know for sure you didn't mark it as you tried it on. It's your word against theirs I'm afraid and unless you can prove that it wasn't marked when it left your possession you'll be hard pressed getting a refund.

the_lunatic_is_in_my_head

Doesn't matter if you cut it in half with a pair of scissors, they still need to refund you if you cancelled via email, letter or fax. The supplier needs to claim any damages against you should they see fit, can't see them getting far with a food stain.

How do you pay and how much was the item?

bris

the_lunatic_is_in_my_head wrote: »

Doesn't matter if you cut it in half with a pair of scissors, they still need to refund you if you cancelled via email, letter or fax. The supplier needs to claim any damages against you should they see fit, can't see them getting far with a food stain.

How do you pay and how much was the item?

Yes true, but in the real world they don't work like that. Retailers know the law but ignore them anyway because they will not chase a customer for a stupid rule that you can send back damaged goods and be expected a refund.

The case would need to now go to court which the op would win, but then a counter claim for failing to take reasonable care of the goods could also win so square one.

the_lunatic_is_in_my_head

bris wrote: »

Yes true, but in the real world they don't work like that. Retailers know the law but ignore them anyway because they will not chase a customer for a stupid rule that you can send back damaged goods and be expected a refund.

The case would need to now go to court which the op would win, but then a counter claim for failing to take reasonable care of the goods could also win so square one.

I think the company would find it very difficult to convince the court the item was marked by the OP and even if they could that this was a lack of due care and the loss of which was the full cost of the item (and outward delivery if applicable).

Refusing to refund doesn't give them much creditability either.

d4bec

Thanks for your comments.

There is no way that I marked the top, I was so careful. There was no food around and I wasn't even wearing makeup that could have rubbed off onto the fabric.

It cost £80 (extravagant for me!) and I really can't afford to keep it but they aren't budging. I paid by credit card.

I don't really think I really have chance of getting anything out of this small independent retailer. I don't know whether the top is marked or not, and if it is I don't know how it was caused, but it seems completely unfair that I'm being penalised.

This wouldn't happen in a shop. I've always been put off buying clothes online incase they didn't fit & hassle of returns etc... and now this on my first purchase. I'll be sticking to the high st in future! Rant over.

Thanks for all the help. If you have any more tips as to how I might be able to get my money back, or how I should warn others about Miss Mandalay please shout because I'm not at all impressed with them!
Thank you

SuperHan

As the retailer is not honouring your consumer rights, you could try a section 75 on your credit card?

Give them a call, they may refund for you

mattyprice4004

Silly question, but why did you buy it if you can't afford to keep it?

Valli

and naming and shaming the (online) store might be an option;)

eta - you might have mentioned the name...was it Miss Mandalay?

d4bec

mattyprice4004 wrote: »

Silly question, but why did you buy it if you can't afford to keep it?

I can afford to spend this in total.. but not on a bikini that doesn't fit/suit me and I won't be wearing. Especially if its stained, which presumably it will have to be when they send it back!

d4bec

Valli wrote: »

and naming and shaming the (online) store might be an option;)

eta - you might have mentioned the name...was it Miss Mandalay?

Yes it was... I wonder if anyone else has had problems...