Incorrect size, no refund

rborob

Hello all

I don't know if anyone will be able to clarify something for me.

I bought a t-shirt off a website, I thought I was buying a medium, but it appears I ordered a large. Whilst I'm not convinced I didn't order a medium, I was stupid enough not to check my order confirmation (which shows large) so I couldn't really argue a technical fault.

I had opened the cellophane wrapping to see the shirt was a large, then contacted the site and asked how I go about returning the unworn item.

The site has contacted me and told me I'm stuck with it since I've take it out of the wrapping.

Their refund policy states
"The item must not be used and must be 'as new' when returned to us."

Their T's & C's state
"We cannot refund or exchange an opened item unless it is faulty, or if the item was sent to you through our error."

I was going to cut my losses and give in, but I was told it's within my statutory rights to return an unworn item within 28 days. Is this true? and if it is, do their T's & C's trump this?

Any help would be great as I'm pretty annoyed at this at the moment

staffie1

You are entitled to return it for a refund within so many days following delivery. I think it's 7. Distance Selling Regulations will clarify the law.

http://www.which.co.uk/consumer-rights/problem/i-want-to-return-something-bought-online-

rborob

staffie1 wrote: »

You are entitled to return it for a refund within so many days following delivery. I think it's 7. Distance Selling Regulations will clarify the law.

http://www.which.co.uk/consumer-rights/problem/i-want-to-return-something-bought-online-

Many thanks. I sent an emai outlining the fact you presented (and a couple of quotes from the link you supplied) and they almost instantly sent me a returns form. Though they're not refunding my original delivery cost, and I have to pay for the return postage since it's "unwanted". Still any win is a win and I thank you for your help!

Mista_C

rborob wrote: »

Many thanks. I sent an emai outlining the fact you presented (and a couple of quotes from the link you supplied) and they almost instantly sent me a returns form. Though they're not refunding my original delivery cost, and I have to pay for the return postage since it's "unwanted". Still any win is a win and I thank you for your help!

Although someone will probably come along any time now and state the opposite I'm sure the company are obliged to cover the original delivery cost.

ETA...

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations wrote:

The original cost of the outbound postage to you should always be refunded by the seller.

staffie1

rborob wrote: »

Many thanks. I sent an emai outlining the fact you presented (and a couple of quotes from the link you supplied) and they almost instantly sent me a returns form. Though they're not refunding my original delivery cost, and I have to pay for the return postage since it's "unwanted". Still any win is a win and I thank you for your help!

You're welcome. Glad to be of help and one in the eye for retailers who try to fob people off when they are themselves in the wrong.

staffie1

Mista_C wrote: »

Although someone will probably come along any time now and state the opposite I'm sure the company are obliged to cover the original delivery cost.

I (think) they're only obliged to do that if the goods are faulty. I could be wrong though.:)

frugal_mike

rborob wrote: »

Their refund policy states
"The item must not be used and must be 'as new' when returned to us."

This refund policy does not conform with the Distance Selling Regulations and is quite possibly breaking the law.

rborob wrote: »

Their T's & C's state
"We cannot refund or exchange an opened item unless it is faulty, or if the item was sent to you through our error."

These terms and conditions also do not conform with the Distance Selling Regulations, and also do not conform with the Sale of Goods Act. Again it's probably breaking the law.

In both cases I think they're probably in breach of the Unfair Contract Terms act too.

rborob wrote: »

I was going to cut my losses and give in, but I was told it's within my statutory rights to return an unworn item within 28 days. Is this true? and if it is, do their T's & C's trump this?

No, there is no statute that gives you the right to return any unworn items within 28 days. If you bought in a physical store you have no automatic rights to return. If you bought in a manner that means the Distance Selling Regulations apply (such a son a website in your case) then you do have a right of cancellation but in most cases these would not extend to 28 days.

The Distance Selling Regulations (currently) give you a minimum of 7 working days (starting the day after delivery) to cancel an order. If the retailer does not comply with a part of the regulations that says they must notify you of your right to cancel by durable means then the right of cancellation extends until they do notify you, up to a maximum of 3 months and 7 working days.

frugal_mike

rborob wrote: »

Though they're not refunding my original delivery cost, and I have to pay for the return postage since it's "unwanted".

They have to give you your original delivery cost back too. This is unconditional. It doesn't matter whether they item was faulty or not. It doesn't matter whether it was their fault it wasn't the item you wanted or your fault. It doesn't matter whether you opened the packaging or not.

The return postage is another matter. If their terms and conditions say that you have to pay it and they notified you of this in durable means (their website is not durable) then you have to pay the cost of returning it. If they didn't do this then they have to cover that cost, even if the item is not faulty.

bod1467

It's all clearly covered in the Consumer Protection (Distance Selling) Regulations. http://dshub.tradingstandards.gov.uk/dsrexplained

The consumer has a minimum of 7 working days (day 1 is the day after delivery) to inform the retailer of their intent to cancel the contract. Notification must be by a durable means (e.g. email, fax, letter) unless otherwise accepted by the retailer.

If the consumer's cancellation rights are not advised via durable means (email, on the invoice, etc. - the retailer's website is NOT durable) then the consumer has up to 3 months and 7 working days to cancel.

The retailer MUST refund all monies paid (including initial shipping) within 30 days of notification of cancellation. (Although most retailers won't refund until the goods are returned). They also cannot deduct anything from the refund as a restocking fee or similar - ALL the monies must be refunded.

Returns costs may have to be borne by the consumer, provided that the retailer made this clear in their T&Cs. If they didn't then the retailer is also liable for the returns costs.

rborob

staffie1 wrote: »

You are entitled to return it for a refund within so many days following delivery. I think it's 7. Distance Selling Regulations will clarify the law.

http://www.which.co.uk/consumer-rights/problem/i-want-to-return-something-bought-online-

Mista_C wrote: »

Although someone will probably come along any time now and state the opposite I'm sure the company are obliged to cover the original delivery cost.

ETA...

Is this true? Though it's not much postage cost I feel I need to take everything I can from them fro having tried to pull the wool over my eyes originally

frugal_mike

Mista_C wrote: »

Although someone will probably come along any time now and state the opposite I'm sure the company are obliged to cover the original delivery cost.

ETA...

On the contrary, they do indeed have to cover the original delivery costs