Prooving items were received damaged

vic252

Hi Everyone

I'm having a bit of an issue and would be really grateful for your help.

A couple of weeks ago I placed an order with an online retailer who has stores in the UK. When the order arrived I discovered that one of the items of clothing had cat hairs and a stain on it and the other had marks on it. I emailed them immediately to tell them about these problems and to request to take them back to a store. I heard nothing. Following a second email to them I was surprised to receive an email which contained no apology and instead stated that I would be refunded IF the store's manager judged that the items had already been in this condition when dispatched.

I responded to inquire as to how the manager would judge this as it seemed that the manager couldn't possibly be in a position to judge.

I received the same reply as in the first instance. I then asked to return the items to the warehouse. The same reply came except this time I would only receive a refund IF the warehouse judged that the items had already been in this condition when dispatched.

I have since learned that this particular company is renowned for terrible customer services especially in the field of denying refunds wherever possible.

I am going to go into the store today to return the items. I would rather be present when the manager makes their (oh so well informed) 'decision'. The nearest store is 45 minutes away, in London. This wouldn't have been a problem (I usually go to London at least once a week). But I've now decided to drive up especially tonight because I would like to get this sorted out.

My question is, where do I stand legally on this issue. Who has the burden of proof regarding the condition the items were sent out in?

Other info: Was not purchased on credit card. Two of the items that arrived in good condition are being kept.

Thanks

Vic

InsideInsurance

Its up to the merchant to prove that you are the cause of the problem, not for you to prove its how they arrived.

Take photos to show the damage to the items prior to returning them.

Do you own a cat (or dog/ rabbit)?

All items returned as faulty will be, in the first instance, at the discretion of the store to validate it is a fault and not damage caused by the buyer but most may not be as blunt as to point it out.