refund query and change of refund policy since purchase

tunn1909

Hi, i was wondering if anyone can help me.

Before Christmas, I purchased two dresses from an online clothing shop Beckys Dresses whereby their returns policy stated that i had 14 days to return the items for a FULL refund and 7 days for an exchange or credit note.

The said items did not fit and I returned them immediately, therefore items were received well within the refund timeframe. The company has since changed their terms on their website to state within 7 days for a refund and now say NO REFUNDS at all just EXCHANGES.

This is an ongoing dispute as they first stated that they did not make it back in time for the 7 day refund, but i am 100% sure that before i placed my order the policy said 14 days and i even had to read them and tick a small box to say that i had read them too.

Am i entitled to a full refund as stated on the returns policy or is there nothing i can do and i lose the £140? plus delivery and plus returns? please help!

Thank you

fozzeh

Precise dates would be handy as if you initiated the return within 7 working days of the receipt of the item, you can get a refund if the item is in the same state that you received it under the Distance Seller Regulations.

Refunds for the item have to made within 30 days. Return postage is covered by the buyer. Sometimes a restocking fee may apply but they need to be stated upon completion of the contract (I believe).

http://www.legislation.gov.uk/uksi/2000/2334/pdfs/uksi_20002334_en.pdf

unholyangel

Did they inform you of your rights under the distance selling regulations in a durable medium?

If not, you may have up to 3 months and 7 working days in which to notify them (not return the items, just tell them) that you wish to cancel and they must provide a full refund within 30 days of receiving your request.

Return postage may be your responsibility but again, only if they have informed you of this prior to the contract conclusion. Restocking fees are illegal under DSRs.

tunn1909

Hi Fozzeh

Thank you for your reply. I received it on the 18th December and returned it on the 20th December with a 3-5 day courier which was back with Becky's Dresses on the 30th December, taking off weekends and Christmas and Boxing day this is within 7 working days right?

unholyangel

Their terms and conditions are shocking. I think they've managed to break just about every law going (well not quite but they really are very bad).

Just to show what I mean...the only reference they make to DSRs is saying UK regulations allows them to refuse the return of made to measure items. They say the items must be totally unused and in mint condition.

Using legal jargon, trying to exclude liability for things that legally they cannot, saying you need to report items damaged in transit within 24 hours, that it doesnt constitute a sale by description, risk passes to the buyer the second it leaves the sellers premises, giving them sole/absolute discretion to decide when to refund etc, they'll only repair/replace goods with a manufacturing fault within 1 month of purchase, they try to exclude liability for the quality of the item, the fitness for purpose, exclusive jurisdiction of the english courts (apparently not allowed within the EU).

And then most ironically, they state that if any of the terms are held illegal etc it wont affect the rest......eh, theres practically nothing left after you exclude the illegal!

I have to say, whoever wrote that is either a complete crook, or clueless and deluded.

tunn1909

Thank you for your reply unholyangel, you can clearly see where she has deleted the said refund policy and just replaced it with 14 day exchange policy. She is extremely rude and also took payment twice, very unprofessional! Should she be issuing me with a refund?

fozzeh

tunn1909 wrote: »

Hi Fozzeh

Thank you for your reply. I received it on the 18th December and returned it on the 20th December with a 3-5 day courier which was back with Becky's Dresses on the 30th December, taking off weekends and Christmas and Boxing day this is within 7 working days right?

Going by them dates and skimming the PDF, you're well within time scales. You only have to initiate the return within 7 days. You then have to take steps to return the item ASAP. Someone else should be able to advise how long that would be...

Regardless of that, they received it back within 6 working days.

You've got a refund for the second mistake payment?

I would make sure you point out that you are entitled to a refund under the act and see what they say.

bris

Normally it would be the other way about whis is 7 days for a refund as per the DSR or 14 days for a credit or exchange, are you sure you didn't get mixed up on this.

However due to the timescale in which you cancelled and returned the items you would be due a full refund, the problem however is did you inform her of your intent to cancel as per the DSR or just send them back?

If you just sent them back without cancelling in writing and it looks like you may only be entitled to an exchange, unless you can prove the refund policy was in place when you bought them.

tunn1909

Thank you Fozzeh, I will draft something up now. Yes it took them until the 17th January to refund me the mistake payment. She doesn't like to reply for a couple of days per email? We are of course almost in February! Thanking you both for your time to reply to my question, it is very much appreciated.

fozzeh

If you do get told to jump through hoops, here's who you need to send a letter to (sole director):

MRS REBECCA FARR,
186 CHELTENHAM ROAD,
BRISTOL,
UNITED KINGDOM,
BS6 5RB

Edit: I took from the OP that you had sent an e-mail stating you were returning the items, which would be required.

unholyangel

tunn1909 wrote: »

Thank you for your reply unholyangel, you can clearly see where she has deleted the said refund policy and just replaced it with 14 day exchange policy. She is extremely rude and also took payment twice, very unprofessional! Should she be issuing me with a refund?

Did you send a cancellation request/say anything that indicates your intention to cancel/send the items back?

Even if you get your refund, report her to TS. Traders like her shouldnt be in business. I'm more forgiving when they make one or two mistakes or several small mistakes....but this is basic stuff that any online retailer should know. I'm actually quite dumbfounded at how she could have gotten it so wrong. The only thing I can come up with is she has copied terms from her suppliers - which have different rules governing them as it will be a business to business transaction.