Facebook order gone sour

wateva

Hi All

I made a purchase for an outfit from a seller who has their own website and trades on Facebook. The order value was £30 including postage. I promptly paid via Paypal and was told to expect the order to be dispatched in 7-10 days. There was a further delay getting the order sent out but by Monday 16th Feb I received my order.
Immediately I knew it wouldn't fit so I contacted the seller to arrange a refund. I was initially informed that refund value would be £20 as the postage cost of sending order out and returning it would be taken into account. I told seller that I assumed I was covering the cost of sending the garment back so she replied stating refund value would be £25 in this case.

I sent the order back today (19th Feb) via recorded delivery. I messaged seller to inform her of expecting the return in the next couple of days. She has returned with a message to say returns should be within 7 days. Considering I received the order on the 16th and sent for returns on 19th am I within my rights to expect a refund?

Also is she correct in reducing refund value to cover postage cost?

unholyangel

What did you order?

Since she's clearly trading as a business (and not selling unwanted/old goods as an individual), consumer contract (information, cancellation and additional charges) regulations will likely apply.

There are some exceptions both to the CCRs applying and also to the right to cancel. But providing they dont fall into either of those categories, the retailer - by law - has to provide you with certain information.

Also if your goods are not exempt, you have 14 days starting the day after delivery to notify them and then a further 14 days to return the goods. They must refund all monies paid - including outbound delivery costs (unless you selected a premium service such as next day delivery, then they only need to refund the cost of their standard postage). You can be liable for the return costs but only if they complied with providing the necessary information I referred to above - if they did not then they are liable for the return costs also.

wateva

unholyangel wrote: »

What did you order?

Since she's clearly trading as a business (and not selling unwanted/old goods as an individual), consumer contract (information, cancellation and additional charges) regulations will likely apply.

There are some exceptions both to the CCRs applying and also to the right to cancel. But providing they dont fall into either of those categories, the retailer - by law - has to provide you with certain information.

Also if your goods are not exempt, you have 14 days starting the day after delivery to notify them and then a further 14 days to return the goods. They must refund all monies paid - including outbound delivery costs (unless you selected a premium service such as next day delivery, then they only need to refund the cost of their standard postage). You can be liable for the return costs but only if they complied with providing the necessary information I referred to above - if they did not then they are liable for the return costs also.

I ordered a dress. Seems like this will be a messy one to sort out. Any sources to where I forward the above information on to her?

andycris3107

Consumer contracts regulations 2013 rights to return and cancel can be found here

you have 14 days within which to return. This is your statutory right and overrules anything the seller may say about 7 day return policy. Stating a 7 day return policy is in fact illegal (assuming they are based in the UK).

As the previous poster indicated there are some exceptions such as personalised items however I doubt whether your item falls into this category.

The seller is also obligated to refund the original cost of shipping, while you cover the cost of return in most cases.

browneyedbazzi

The Business Companion website has a good guide on the ICAC Regs

http://www.businesscompanion.info/en/quick-guides/distance-sales

babyemily

If you paid by PayPal, can't you just open a SNAD case?

unholyangel

andycris3107 wrote: »

Consumer contracts regulations 2013 rights to return and cancel can be found here

you have 14 days within which to return. This is your statutory right and overrules anything the seller may say about 7 day return policy. Stating a 7 day return policy is in fact illegal (assuming they are based in the UK).

As the previous poster indicated there are some exceptions such as personalised items however I doubt whether your item falls into this category.

The seller is also obligated to refund the original cost of shipping, while you cover the cost of return in most cases.

Sorry, the pedant in me is out to play again.

They have 14 days (starting day after delivery) to cancel. They then have a further 14 days from cancelling in which to return.