Apricot Clothing Online - Returns

wealdroam

sunbite1 wrote: »

Unfortunately I am stuck with store credit they will not refund to my credit card. I have sent numerous emails stating its against distance selling regs to be told it's in there t and c. So buyers beware do not order sale items from Apricot online my coat which should have cost £29 has now coat me £137 plus I had to pay 12.98 to return the goods. You need to open every tab on the web page and read the t and c page before you order they do not have a disclaimer when you go through the checkout to warn you.

Then you need to read the rest of that article I linked to.

Store credit is not a refund.

You now need to enforce your rights.

When you get towards the end of that consumer rights document, you will find a link to a How To Complain article.
Follow the guidance there, in a timely manner, and you will get your money back.

Remember, their T&Cs cannot overrule the law.
Here is a quote from that Consumer Rights guide:

Your statutory rights.

When goods are faulty many staff wrongly think their returns policies still rule, but the law is more important than any shop procedure. All goods must obey the Sale of Goods Act 1979 and if not, they’re legally faulty. So return them quickly enough and you’ve a legal right to a FULL refund.

I know your goods weren't faulty, but the principle remains... their terms cannot deny you your statutory rights.

frugal_mike

Is this https://www.apricotonline.co.uk? If so then their terms and conditions don't comply with the Consumer Contracts Regulations at all. Are they just ambivalent to the law, or do they really not have a legal advisor checking them?

I'm willing to bet they don't provide the required information when you make an order so probably won't be able to require customers to pay for returns either.

sunbite1

Yes its apricot online they have replied today stating that I have been refunded via their store policy in store credit which is within the law. I can write a letter but they cannot escalate further as by placing an order i accepted there terms and conditions

wealdroam

sunbite1 wrote: »

Yes its apricot online they have replied today stating that I have been refunded via their store policy in store credit which is within the law. I can write a letter but they cannot escalate further as by placing an order i accepted there terms and conditions

Post #12 explains that their terms cannot deny you your statutory rights.

You now need to enforce your rights.

Have you read MSE's How to Complain article yet?

sunbite1

Yes i read the post and i have tried via email to customer services to argue they cannot deny my statutory rights. They keep coming back with the terms and conditions and i signed up to them online. I will follow the process and keep trying send the letter etc. But customer services said they will not refund other than store credit.

Haggling_Hattie

I am having the exact same problem with Apricot clothing. I ordered some items online, in the sale, kept one item & sent the rest back (p&p paid by me). They emailed to acknowledge receipt of returned items but as they were reduced, stated that they cannot refund me & I must accept £50 credit.
I have complained & keep receiving condescending emails stating 'terms & conditions' and they will not refund me. Any more advice would be greatly appreciated. Thanks.

frugal_mike

How did you pay them? If by card, contact the card provider and see if they will refund you.

Haggling_Hattie

Yes, credit card. I have been in touch today & informed them. Sending me a form to complete then they will remove the amount from my card. However, I found a tel no for Apricot & my card provider advised me to tell them what was happening. Phoned Apricot & informed them, thought they would just say they'd process the refund but no, told me they'd be disputing the claim.

frugal_mike

When were the items delivered to you and when did you return them?

wealdroam

sunbite1 wrote: »

They keep coming back with the terms and conditions and i signed up to them online.

But customer services said they will not refund other than store credit.

Haggling_Hattie wrote: »

They emailed to acknowledge receipt of returned items but as they were reduced, stated that they cannot refund me & I must accept £50 credit.
I have complained & keep receiving condescending emails stating 'terms & conditions' and they will not refund me. Any more advice would be greatly appreciated. Thanks.

Is this the website you both purchased from:

apricotonline.co.uk?

Were the goods purchased 'sale items'?
If so, then I can see in their T&Cs that they state a credit note must be accepted as a refund:

All sale items will be refunded as online store credit. Therefore if the original order was placed using a credit or debit card, online store credit will be refunded upon receipt of your return. If the original order was placed using online store credit, your online account will be refunded upon the receipt of your return.

Interestingly, Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 says (amongst other things):

(7) The trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.

My understanding of the second part of that, the bit that I have bolded, is that when the customer is offered a refund, he can agree to accept store credit, but is not obliged to do so.

I cannot believe that agreeing at the time of purchase to accept store credit if goods are returned is what is meant by that part of Regulation 34.

And even if they did agree to the T&Cs at the time of purchase, is that expressly agreeing?

Maybe someone else can offer their opinion.