Shopping online - law??

Zoe79

Hi

I placed an order with Select Fashion online on 19th June; they took money from account on 20th June. I was informed the order would be delivered within 5-7 days, but it never showed up - I called them - no reply, I emailed them - no reply, so I sent them a message on facebook and they replied with excuses about moving warehouse etc, eventually my order turned up yesterday (3rd July - 14 days after the original order) However i am missing 2 items and instead I have 2 items that i never ordered! So i sent them a message on facebook as this is the only time I ever get a response - they called me back this morning.
I do not even want the missing items now as I am fed with waiting, so I asked them to refund me the items that i am missing but they said they will not refund my items until I send the incorrect items back, but i have to pay the postage!

I want to know what my rights are? I paid for items but they have failed to deliver them. It's not my fault they have sent the wrong items, I am happy to send them back but not at my cost.

Toxteth_OGrady

You have been sold items that were not as described, so under SOGA you can reject the items, cancel the contract and get a full refund. You do not have to pay to return the goods.

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. Any returns policy that says you have to cover the cost of returning items must only relate to the situation where you change your mind about the item ordered (Distance Selling Regs) and not where there is a problem with the item. You should not lose out financially as a result of their breach of contract and accordingly all costs of returning the item should be met by them.

You need to confirm whether they will arrange for the item to be collected by them or whether they will reimburse you for the cost of returning it.

Zoe79

Toxteth_OGrady wrote: »

You have been sold items that were not as described, so under SOGA you can reject the items, cancel the contract and get a full refund. You do not have to pay to return the goods.

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. Any returns policy that says you have to cover the cost of returning items must only relate to the situation where you change your mind about the item ordered (Distance Selling Regs) and not where there is a problem with the item. You should not lose out financially as a result of their breach of contract and accordingly all costs of returning the item should be met by them.

You need to confirm whether they will arrange for the item to be collected by them or whether they will reimburse you for the cost of returning it.

The lady I spoke to on the phone said they would reimburse me the cost of postage, but I dont believe I should have to fork out the money for postage in the 1st place when it's their mistake, if they send me a prepaid envelope then I will send the items back however after looking on the CAB website it appears I have a right to keep goods delivered to me that I didnt ask for (distance selling regs)....but that doesnt help me with getting the refund for the goods that they have failed to deliver?

Toxteth_OGrady

You could try to counter argue that Section 36 of SOGA applies:

36. Buyer not bound to return rejected goods.

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

The possible get out for them here is the "unless otherwise agreed" because their returns policy states that incorrect items should be returned to them and they will then reimburse the cost of returning. You would have agreed to this when you made the purchase.

arcon5

Seen if your bank will do a chargeback for goods not received

Zoe79

I have just checked the policy on the website....

All our items are inspected before dispatch, however should you receive a faulty or incorrect item please fill out the returns form delivered with your purchase and send it back to us at the returns address below

However after looking on the CAB site and reading the DSR....

The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for. But if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods.

Surely the law supersedes their policy??

Zoe79

arcon5 wrote: »

Seen if your bank will do a chargeback for goods not received

I paid via credit card, so I do beleive I am protected someway through them, but thought I would try and sort it out with the company 1st...Credit card company will be my next port of call if I do not get any joy.

Toxteth_OGrady

Zoe79 wrote: »

I have just checked the policy on the website....



However after looking on the CAB site and reading the DSR....



Surely the law supersedes their policy??

I believe what you are referring to under DSR is unsolicited goods, i.e. something turning up completely out of the blue, as opposed to an incorrect item (not as described) which is covered by SOGA.

But I could be wrong...

Zoe79

Toxteth_OGrady wrote: »

I believe what you are referring to under DSR is unsolicited goods, i.e. something turning up completely out of the blue, as opposed to an incorrect item (not as described) which is covered by SOGA.

But I could be wrong...

A distance sale is when you buy something without face-to-face contact. For example shopping by internet, television, mail order, phone and fax. When you shop by distance sale you have certain legal rights covering what you can do if you receive goods or services that you have not ordered or requested. These are known as unsolicited goods and services.

I can not post the link to the site I read the above on due to me being a newbie.

I have been looking on the CAB site - all this law stuff is confusing.

Toxteth_OGrady

My understanding is that unsolicited goods are from somebody that you haven't entered into a business relationship with (e.g. placed an order) rather than being sent an incorrect item in an order you've made.

In the law of the United Kingdom unsolicited goods are goods delivered to an individual with a view to the individual acquiring them, but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them.[1] These were regulated under the Unsolicited Goods Act 1971 but the Consumer Protection (Distance Selling) Regulations 2000 are stricter in every respect rendering the 1971 Act redundant although there is no express repeal.

dalesrider

Zoe79 wrote: »

I paid via credit card, so I do beleive I am protected someway through them, but thought I would try and sort it out with the company 1st...Credit card company will be my next port of call if I do not get any joy.

Well to claim under your credit card, for a chargeback as goods as not described.
You are going to have to return the incorrect goods and get proof of delivery.
You cannot claim postage back via your card provider.

As it is also partial non receipt you would have to provide a breakdown of the item costs (invoice etc) as the claim could only be for the missing items.