Anyone with experiences of TogOut.co.uk?

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I'm new to this board so I hope I've posted in the right place...

I recently ordered from the clothes shop TogOut.co.uk, after seeing a 50% code on the vouchers board. It almost seemed to good to be true but the stuff arrived in good order, and the items themselves were fine.

A couple things had to go back to them because of wrong fitting etc, which is where the problems started. The returns address is a PO box, so I delivered with proof of postage rather than signed-for. They now say that (2 weeks later) the parcel hasn't shown up and won't refund, chase it up with Royal Mail etc etc. I might accept this as a genuine problem with Royal Mail if it weren't for the following things that make their operation look a little dodgier than first appeared:

1) Customer service number is permanently set to answerphone, and after leaving a couple of messages over a week ago they haven't once rung back.

2) They often fail to respond to emails, again I was still waiting for a reply over a week later. Only after today's email citing the Consumer protection distance selling regulation (2000) did they hastily respond.

3) The site explicitly states that they don't accept refunds (only exchanges) on sale items. Isn't this contrary to distance selling regs?

4) I haven't been able to find a postal address anywhere on their site, and I've looked pretty hard. Isn't this illegal?

5) On a couple of other threads one or two people have strongly suspected that their CK products aren't genuine.

Does anyone else have any experience of this company? I'm obviously not going to deal with them again and I'll pursue them until I've got my money back, but I'd be really interested to know if this is just a really unlucky one-off and I'm being too harsh on a smaller online retailer. Any advice on how best to get my money out of them now would come in handy too...

(Incidentally, if anyone could tell me whether it's my responsibility or theirs to chase up Royal Mail for compensation for the 'lost' parcel I'd be really grateful!)
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Comments

  • dangeroussports
    dangeroussports Posts: 1,245 Forumite
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    Erm...I don't know.
    Keep us all posted on how you get on.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    Have a look at the shop but dont drop board-a thread called refund at Overlockers-may give you some pointers.Looklike a similar type company set-up
  • mpython
    mpython Posts: 3,677 Forumite
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    Either party can claim for a lost parcel but the contract with Royal mail is with the sender.

    I think you can find out the owner of the PO Box by writing to the RM depot its registered at. Worth a try at least?
    From MSE Martin - Some General Tips On Holiday Home Organisations and Sales Meetings

    DO NOT TOUCH ANY OF THEM WITH A BARGEPOLE!
  • hollydays
    hollydays Posts: 19,812 Forumite
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    There terms and conditions,section-guarentees lay out their policy on distance selling and exchanges.

    Did they not specify which mail service you should use for returns?
  • Fatal_Swan
    Fatal_Swan Posts: 266 Forumite
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    Thanks for these replies. I quote their returns policy.

    "Return shipping costs are at your own expense, except in instances of TogOut error. We will not accept liability for any items lost on their way back to us without proof of delivery."

    This is quite funny, since I have proof of postage and they still won't accept any liability!

    "We offer a 7 day cancellation period which starts the day after you receive your products - return the items to us unopened and unworn and we will refund the cost of the items (except sale items) [my emphasis]."

    I know they've specified that this is their policy but doesn't it have to be consistent with the distance selling regulations anyway? The bit on bold is what I'm suspicious about. As far as I'm aware if a product is refused for refund within the 'cooling off' period there has to be a good reason, such as it's been custom made, or personalised and so isn't resaleable.

    As for the postage issue, they don't specify which method to use on their site, and I don't have the returns slip to hand now as it's now lost in the post! I'll check the other thread mentioned and maybe give Consumer Direct a call this morning and see if they can tell me who should pursue Royal Mail.
  • pulliptears
    pulliptears Posts: 14,575 Forumite
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    We will not accept liability for any items lost on their way back to us without proof of delivery."

    Hmm, Proof of Postage isnt proof of delivery though sadly. I dont know where you stand to be honest, but Im sure someone with more experience will advise you soon :)
  • Dave_Brooker
    Dave_Brooker Posts: 1,128 Forumite
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    Fatal_Swan wrote: »
    Thanks for these replies. I quote their returns policy.

    "Return shipping costs are at your own expense, except in instances of TogOut error. We will not accept liability for any items lost on their way back to us without proof of delivery."

    This is quite funny, since I have proof of postage and they still won't accept any liability!

    As for the postage issue, they don't specify which method to use on their site, and I don't have the returns slip to hand now as it's now lost in the post! I'll check the other thread mentioned and maybe give Consumer Direct a call this morning and see if they can tell me who should pursue Royal Mail.

    Proof of postage does not = proof of delivery.

    You sent it so you have to deal with RM.
    The money, Dave...
  • Fatal_Swan
    Fatal_Swan Posts: 266 Forumite
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    Proof of postage does not = proof of delivery.

    Oops, very true of course - misreading of the T&Cs on my part, thanks to both for pointing it out!
  • Diceman123
    Diceman123 Posts: 9 Forumite
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    Hi all

    Bit bored watching England v Brazil so thought I'd sound off here.

    Its a shame to hear the original comment as I have purchased from TogOut.co.uk a number of times and have never had a problem. They did actually give away 50% and anyone with any brains knows that they must have been selling many items below cost price. When you send items back it must cost them in administration and card processing fees etc so you really would be hurting them. I am sure thats why they say no refunds on sale items. However at last count I only found a few actual sale items on the site, and they are specifically labelled as such. I have returned sale items before and been happy to get an exchange. I dont normally buy items I dont really want so I just get the correct size.

    My friend Chris works for Warnaco UK who are the official suppliers of CK underwear and jeans in the UK and he confirms that TogOut are an authorised stockist. He actually told me (unofficially) they were the nets cheapest on the underwear. Give Warnaco a call yourselves and they will confirm this. They are on Bond Street in London.

    I think its fair that they have stated their returns policy clearly and to ask for exceptions after agreeing to it seems a bit unreasonable.:naughty:

    Any ways, just thought I'd stick up for them as they are my fav clothing site. I reckon they are a small retailer so would be a shame if these unfair (in my opinion) comments did cost them.

    I also believe it would be you that would need to chase the Royal Mail and not them, but not 100% sure on that one.

    All the best

    Diceman
  • Fatal_Swan
    Fatal_Swan Posts: 266 Forumite
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    Cheers, this is the sort of comment I was looking for too - thanks for taking the time to post. Nice pun too. I have no previous experience of them so I was genuinely looking for comments and not trying to do any damage - that's why I put this thread here and not in the warnings board. As I said, I'm new to this board so I hope it's in the right place.

    I agree that the offer I got was a good, all the products I ordered were fine and at a decent price. No problems at all until I needed to return things, but then taking the considerations in my original post into account, I wondered if they added up to something more sinister or was just me being too sceptical or cynical.

    If they're a small retailer trying to do their best and I've just been unlucky this time then good luck to them. I quite enjoyed the England game actually...
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