Refund of original/return postage for item not as described?

jadorevintage

I purchased an item (shoes) from a business seller on Amazon which arrived this week.

On the outside of the box, the correct size appeared, though when I opened it the shoes were a different size. They are a tight fit and too narrow, so I intend to return them.

The buyer's page on Amazon states they will refund within 28 days of receiving goods in the original condition, but will not refund original/return postage.

Am I not entitled to receive the original postage in my refund? Why should I effectively pay the postage twice (delivery and return postage) for an item that was not what I ordered!

Anyone with contract law knowledge able to assist, please?

TIA.

boo_star

jadorevintage wrote: »

I purchased an item (shoes) from a business seller on Amazon which arrived this week.

On the outside of the box, the correct size appeared, though when I opened it the shoes were a different size. They are a tight fit and too narrow, so I intend to return them.

The buyer's page on Amazon states they will refund within 28 days of receiving goods in the original condition, but will not refund original/return postage.

Am I not entitled to receive the original postage in my refund? Why should I effectively pay the postage twice (delivery and return postage) for an item that was not what I ordered!

Anyone with contract law knowledge able to assist, please?
TIA.

If they are not the same size as you ordered (shoes not box) then have every right to a full remedy under the SoGA.

They were not "as described."

In terms of Amazon however they'll probably refund purchase amount and end it, you'll have to take it to Small Claims for the postage.

marliepanda

The 28 days thing is if rejected for no reason, after 7 days.

Within 7 days items can be rejected for any reason under DSR, for a full refund of postage (not return postage unless stated on the T&C)

For misdescribed items, as in your case, they must pay both sets of postage. Have you actually emailed them to ask about this?

jadorevintage

marliepanda wrote: »

For misdescribed items, as in your case, they must pay both sets of postage. Have you actually emailed them to ask about this?

I am just about to do so, but wanted to gather opinions so I have an idea of what my legal rights are, in case they try to fob me off. Thanks for your reply.

boo_star

jadorevintage wrote: »

I am just about to do so, but wanted to gather opinions so I have an idea of what my legal rights are, in case they try to fob me off. Thanks for your reply.

Your legal rights are against the seller.

You're bound by Amazons T&Cs.

You could use Live Chat or phone them and they may give you credit.

The worst thing they can say is no.

jadorevintage

boo_star wrote: »

Your legal rights are against the seller.

You're bound by Amazons T&Cs.

You could use Live Chat or phone them and they may give you credit.

The worst thing they can say is no.

Thanks for your advice, boo_star. I have emailed the seller but will contact Amazon also. Amazon's standard T&Cs state they refund return postage where they have sent an "incorrect" item.

Update - have just spoken with Amazon via Amazon chat. They have contacted the seller and advised them that they should cover my return postage costs, in line with Amazon's own T&Cs, as the seller sent me the wrong size item.

Thanks for your replies.

boo_star

jadorevintage wrote: »

Thanks for your advice, boo_star. I have emailed the seller but will contact Amazon also. Amazon's standard T&Cs state they refund return postage where they have sent an "incorrect" item.

Update - have just spoken with Amazon via Amazon chat. They have contacted the seller and advised them that they should cover my return postage costs, in line with Amazon's own T&Cs, as the seller sent me the wrong size item.

Thanks for your replies.

Amazon are great like that. I'm glad it's (semi) resolved.

Hintza

You could have tried something novel......................actually talking to the seller first!!!!

hollydays

Just to get this right though- I get the impression-for example - you ordered size 6- they sent size six but when you tried on the shoes labelled size six they were too small. You are not saying they sent the wrong size?

halibut2209

No, The OP says the box said one size and the shoes were a different size

jadorevintage

hollydays wrote: »

Just to get this right though- I get the impression-for example - you ordered size 6- they sent size six but when you tried on the shoes labelled size six they were too small. You are not saying they sent the wrong size?

No, the box had size "A" on, I was sent size "B" - completely different size to what I had ordered.