Refused refund on returned clothing

Gussy_D

Hi there, this is a first for me but I really need some advice. I ordered a dress from "Rock My Vintage" website for my daughters prom. The dress was £125 quid and the company had a clear return policy so I wasn't unduly concerned if she didn't like it as I was aware I would be able to get a refund (sic)
Having tried the dress on twice , (hanging it up in a protective plastic wrapper in between) she then decided she didn't want to keep it. I had kept all the original wrapping and returned the dress by 1st class post, wrapping it really well and paying for insurance (cost £9!)
The company gave me a returns number so all was well.. so I thought.

I received an email on 23rd June telling me that they had received the goods and had processed my refund.
I then got another email later saying that they were unable to refund as the dress had an odour and had clearly been worn!! Now I know some teenagers can be a bit ripe but she'd had a shower before trying on and the dress was in perfect condition when I returned it! I am livid but realise i am now in a vulnerable position - how can I prove the dress was in brand new condition? I have emailed and rang them and they say they will phone me back but i have had no response so far! I am absolutely gutted about this ... is it just a ploy to avoid a refund? is there anything i can do? I paid by masterard. ~Any advice will be gratefully received!

Jim_Jupiter

Did you notify your intent to return it within 7 working days starting the day after the dress was delivered to you? If so claim your refund under the Distance Selling Regulations.

shaun_from_Africa

Jim_Jupiter wrote: »

Did you notify your intent to return it within 7 working days starting the day after the dress was delivered to you? If so claim your refund under the Distance Selling Regulations.

It might not be that easy.
New regulations (The consumer contracts (information, cancellation and additional charges) regulations 2013) came into force on the 13th June this year and will apply if the dress was ordered after this date.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

These regulations allow a retailer to make a deduction (up to the full selling price) to cover any losses incured due to the consumer not taking proper care of the goods. If these regulations apply to this sale and the retailer did inform of the right of cancellation, they can refuse to refund some or all of the payment due to damage.

bris

One of the problems you have is that people (not you of course) buy dresses for one off occasions such as proms then return the next available day thinking it's an easy refund.

Seen it a million times and not many are playing ball now. It's all very well quoting DSR and your consumer rights to them but in the real world if they believe you are trying it on (no pun intended) then they will simply refuse.

daytona0

bris wrote: »

One of the problems you have is that people (not you of course) buy dresses for one off occasions such as proms then return the next available day thinking it's an easy refund.

Seen it a million times and not many are playing ball now. It's all very well quoting DSR and your consumer rights to them but in the real world if they believe you are trying it on (no pun intended) then they will simply refuse.

I would assume that the OP might have done this but paying 9 quid postage kinda rules it out :rotfl:

You could always mention that to the company nicely I suppose... They might be more willing to assist

photome

daytona0 wrote: »

I would assume that the OP might have done this but paying 9 quid postage kinda rules it out :rotfl:

You could always mention that to the company nicely I suppose... They might be more willing to assist

9 quid to hire a dress for the night is cheap, of course that prob didnt happen

Poppie68

daytona0 wrote: »

I would assume that the OP might have done this but paying 9 quid postage kinda rules it out :rotfl:

You could always mention that to the company nicely I suppose... They might be more willing to assist

Confused here trying to work out why paying to return a dress rules anything out???
Why would paying £9 to return the dress rule out the daughter wore the dress to the prom and then try and return it for a refund of £125...as already pointed out £9 dress hire for the prom is a bargain....

Gussy_D

thanks for your replies guys, the point is though that she never wore it and I am sure I informed them of my intent to return within 7 days.. it was more like 4... it seems like basically I am snookered.. they can say what they like about the state of the dress, even though me and my family know it hadn't been worn and was in the same condition as it was sent to me i have no proof of this. I have never encountered this before which is why I had no qualms about ordering an expensive dress on the internet. I would n't mind she is not even going now as she's had so much grief !!
I have just checked my email and they have reiterated that there was a make up mark on the inside of the dress and a faint "odour" .. however they have agreed to have the dress specially cleaned to return it to its "resaleble" condition and i will have to cover the cost of this (about £10-£15) I guess this is the best deal I will get so will accept this. As far as I was concerned the dress was perfect.. but there you go.
thanks for your advice guys,

photome

Have you tried posting on their facebook page, although at this stage it may make matters worse.

Maybe the make up was already on the dress when they sent it to you

ThumbRemote

Good to see the collective idiots are out in force, making the assumption that anyone who posts on here is a liar.

Some people must lead very depressing lives if their automatic assumption is that on-one anywhere can be trusted.

photome

ThumbRemote wrote: »

Good to see the collective idiots are out in force, making the assumption that anyone who posts on here is a liar.

Some people must lead very depressing lives if their automatic assumption is that on-one anywhere can be trusted.

Dont think anyone has said that it was worn, maybe just hinted in a jovial fashion.

What help do you have for the OP