When is a refund not a refund? Is this allowed?

AndyRams

Hi everyone,
I was going to order a jacket from an on-line retailer in a 'larger size' than I can get in shops.
A little concerned about the returns policy in case it didn't fit etc and I wanted to return it.
I found this statement in the returns policy...
"We'll credit your account for your return which you can apply to orders placed in the future."
It seems that I won't get a refund... I will get a credit note – but there is nothing else I want from them if this is not the right size/fit.
Can the retailer do this?
Thanks

redcard

You've got 7 days to cancel.

Phone and speak to them before you order.

Who is the retailer?

shaun_from_Africa

AndyRams wrote: »

Can the retailer do this?
Thanks

If you are returning unwanted or unsuitable goods under the retailers own returns policy (such as the ones that allow you to do this within 14 or 28 days from purchase) then yes, this is perfectly legal.

If however you are making use of your statutory right of return under the Distance selling regulations (provided the right of cancellation applies to the item in question), and provided that you comply with your obligations under these regulations then the retailer is obliged to refund your original payment within 30 days and they can't force a credit refund on the consumer.

Who is the retailer?

At a guess, it's this one
https://www.highandmighty.co.uk/shop/policies/policiesView.action?finalTarget=regtnc_popup
or

AndyRams

It's Jamaco.co.uk actually.
I have looked again and I might me getting this wrong. The extract I posted earlier comes in a paragraph about return outside the 14 days but it doesn't make it clear at all.
I will call them... thank you Redcard.
Cheers

marliepanda

AndyRams wrote: »

It's Jamaco.co.uk actually.
I have looked again and I might me getting this wrong. The extract I posted earlier comes in a paragraph about return outside the 14 days but it doesn't make it clear at all.
I will call them... thank you Redcard.
Cheers

After delivery you have 7 days under DSR to inspect and inform them you want to return. Then you can get a full refund, including postage to you. If their terms state it, you have to pay return postage.

After the 7 days are up, it is down to the stores own policy for a change of mind refund. Faulty goods obviously dont come under this.

You havent read all the returns policy either:

If for any reason you want to send back something you've bought from us, you can make use of our simple returns service; simply return it in as new condition within 14-days of receipt, or in accordance with your statutory rights.
(statutory rights = DSR)

RIGHT TO RETURN
We're certain you'll be satisfied with all our products and services, but if you're not completely happy, you can be reassured by our 14-day home approval period. This guarantee is in addition to your statutory rights and doesn't affect them in any way.
14 days is over the 7 days given to you by DSR

CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
You have the right to cancel your order for any item apart from items made to your specifications or clearly personalised items which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, and audio and video recordings and computer software that you have unsealed or used. Further details of this right, which may be exercised anytime from the time of order up to and including the seventh day (excluding Saturdays, Sundays and Public Holidays) after the day of delivery, will accompany the delivery. If you wish to exercise your statutory right to cancel, you must notify us in writing within the statutory period and immediately return the items that you do not wish to keep to us at your cost (unless the goods were substitute goods which we selected for you). You must take reasonable care of the goods. If you cancel within the statutory period you may claim a refund of any sum you have paid concerning the goods, less any charges we may make for collecting the goods if you do not return them at your own cost.

Looks like Jacamo make you pay the return postage.

Its pretty clear

https://www.jacamo.co.uk/shop/policies/policiesView.action?finalTarget=policies_returns&decoration=true

unholyangel

Just to add on to marlie, they need to inform you that you're liable for return postage in a durable medium. Its not enough just to put it in their terms on their website.

I do wonder what companies like jacamo (with a "14 days return policy") will do once the new regs come into force next month (is it the 13th? i have to admit i havent been keeping up to date with it)

IMO 14 days return policy to cancel AND return goods doesnt sound as great when you realise that DSR's give you a minimum of 10 days (counting delivery day as first day) to just notify them you want to cancel (and not to return the goods).

SuperHan

But doesn't this depend on *how* you pay.

I haven't used Jacamo before, but I know most catalogue companies make you pay on an account, then you clear the account with a payment.

If this is the case, under DSR are they not liable just to refund the account? Whether you can get this money out is a separate issue?

(Note, I don't know the answer, I am just asking)