Clothing bought online, and wanting to return it.

This_House_Has_A_Mouse

Hello money savers,

I am in need of some help, and I am unaware if a similar question has been posted in the forum. My girlfriend has bought a dress from an online boutique in the UK on 10.03.14. Unfortunately the dress does not fit, is hideous, not my words, and has been sent back to the retailer on 13.03.14 when they have been informed of the cancellation and that a refund was required.

The seller has returned an email stating as per their T’s & C’s on their website, customers returning items that are free from defects will be subject to credit notes and a 'restocking fee', and they have thus offered us that, a real smack in the face to be honest.

I was under the presumption that with the distance seller regulations, it provided a 7 day 'cooling off' period once the goods are received, meaning that a change of mind / ill-fitting garment in this case can be returned for a full refund. I have informed the sellers of this and they are still intent on refunding in the form of a credit note and additionally taking a 20% restocking fee.

I have read the distance selling regulations, and above is how I interpreted it, so are we in a position to receive a full refund to our bank account, and what steps can I now take with them rebuffing the initial request?

Thanks.

halibut2209

You are correct. They are wrong. How did you pay?

bris

As long as it's a British company then if the insist on keeping their stance then all you can do is report them to trading standards and start a small claims action against them.

Trading standards cant get you your money back but the can warn or even prosecute the store for breaching the DSR and your consumer rights.

frugal_mike

If the dress cost more than £100 (excluding delivery) and was paid for by credit such as a credit card then the credit provider is jointly liable with the seller and you can use Section 75 of the Consumer Credit act to get your money back from them.

This_House_Has_A_Mouse

Thank you all for the replies, they have all been a great help.

I bought the item with a debit card, and the item was only £35, excluding postage, so unfortunately I won't be able to claim via my credit provider. I doubt that with the some of money I will be attending a small claims court, however I do not wish just to let it lie.

I am hoping that a further email rebuffing their policy and using the threat of a report to trading standards and utilising a small claims court will make them see sense.

Any other useful tips would be welcome. I'll keep the post updated, as everyone like to find out how the issue was resolved.