refund on a sale item

momoney11

I purchased an item of clothing off a website last week, it was in the sale. It arrived and the sizing was really bad so I informed them via there contact form I will be returning as the sizing was not a size 12 like it stated so the item was no use to me and I would like a refund. I sent the item back right away so was returned within 7 days.

They have got back to me yesterday saying as the item was in the sale I cant have a refund only store credit. Well I dont want to order anything else because there sizing is way off I just want a refund. I wrote back saying I just want a refund not store credit and i got a very snooty email back stating because the item was a SALE item (written in capitals just to hammer the point home) im not entitled to a refund.

Can they do this?I thought im covered by the distance selling regulations? As I ordered online I have the right to change my mind and get a refund? If so what can I do about this as they seem very un co-operative?

Thanks in advance

unholyangel

DSRs were replaced by CCRs in june last year - however the rights are more or less the same but there are some changes.

What was the website? How did you pay for the item and how much was it?

Under CCRs (and providing the retailer has informed you of your rights under CCRs in a durable medium - which it doesnt sound like they have if they're saying you can't have a refund at all) you have 14 days starting day after delivery to inform them in a durable medium that you want to cancel (you have longer if retailer doesnt inform you of your right to cancel), you then have 14 days from informing them to send the goods back. They have 14 days from receiving the goods back (or proof they've been sent back) to refund you.

They can make a deduction if you have diminished the value of the goods by handling it beyond what is necessary to establish its nature, characteristics and functioning - but again, only if they have informed you of this in a durable medium.

InsideInsurance

momoney11 wrote: »

ICan they do this?I thought im covered by the distance selling regulations? As I ordered online I have the right to change my mind and get a refund? If so what can I do about this as they seem very un co-operative?

Only if they are in the UK, and as above, its not the CCR rather than DSR.

If they are in the UK then notify them that you are cancelling the order under the CCR and look forward to your full refund.

unholyangel

InsideInsurance wrote: »

Only if they are in the UK, and as above, its not the CCR rather than DSR.

If they are in the UK then notify them that you are cancelling the order under the CCR and look forward to your full refund.

I take it you mean its now the CCR?

Just to add, the changes in UK legislation were the result of EU legislation so the same rights should be true of any european based company.

InsideInsurance

unholyangel wrote: »

I take it you mean its now the CCR?

Just to add, the changes in UK legislation were the result of EU legislation so the same rights should be true of any european based company.

Thats the one

There should be similarities if the merchant was within the EU but different countries adopt at different speeds, some dont adopt because they think local legislation already give sufficient cover to meet the requirements (eg SOGA -v- requirement for 2 year warranty) etc. If the merchant is outside of the EU then all bets are off.

momoney11

Hiya, thanks for the replies

I ordered from a uk website with paypal. The website is called the house of ShB and they stated that when I ordered with them I entered into a contract and accepted there terms and conditions which included no refunds on sale goods only store credit.

I didn't see there terms and conditions and was not directed to them at checkout.

The dress is a very poor fit so not true to size therefore I dont want to purchase anything else from there website as I have no faith in there sizing rendering there store credit useless to me.

I informed them of my intention to return and returned the item within 7 days.

momoney11

Oh it came to £23 btw

unholyangel

momoney11 wrote: »

Hiya, thanks for the replies

I ordered from a uk website with paypal. The website is called the house of ShB and they stated that when I ordered with them I entered into a contract and accepted there terms and conditions which included no refunds on sale goods only store credit.

I didn't see there terms and conditions and was not directed to them at checkout.

The dress is a very poor fit so not true to size therefore I dont want to purchase anything else from there website as I have no faith in there sizing rendering there store credit useless to me.

I informed them of my intention to return and returned the item within 7 days.

You can't contract out of your statutory rights as a consumer.

In fact, misleading a consumer about their rights (never mind trying to deprive them completely) can amount to a criminal offence.

momoney11

unholyangel wrote: »

You can't contract out of your statutory rights as a consumer.

In fact, misleading a consumer about their rights (never mind trying to deprive them completely) can amount to a criminal offence.

So how do I proceed with this as ive emailed them twice asking for a refund and they are not budging stating I agreed to their terms and conditions when I ordered.

unholyangel

momoney11 wrote: »

So how do I proceed with this as ive emailed them twice asking for a refund and they are not budging stating I agreed to their terms and conditions when I ordered.

Have you tried specifically mentioning the Consumer Contract (Information, Cancellation and Additional Payments) Regulations 2013? And also that misleading a consumer about their rights can amount to a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008.

If you've already mentioned both of those things, I'd send a letter before action. You havent mentioned how you paid yet but presuming it was card, you could try your card provider and see if they will help.

Although personally, I wouldn't go past the LBA stage for £23. You can however still contact Trading Standards - the action they will take will largely depend on the branch and how busy they are. Some are more willing to contact traders in situations like this to make them aware they are breaking the law. Some will only contact them once they have received a number of complaints.

agrinnall

https://www.houseofshb.com/terms-conditions/

Which says:

1. Items and products should be returned in their original condition. Items and products which are returned in an unsatisfactory condition will not be refunded.
2. Faulty or damaged goods will be refunded within 14 days after we have received the returned items. This excludes any items which are in the ‘Sale’ category.
3. All ‘Sale’ Items are non-refundable.
4. All ‘Sale’ Items are excluded from our exchange or refund terms.
5. National or International 'Promotional Day's' discounted/reduced/sale items adopt the above terms and conditions, points (3) and (4).
6. All 'Discounted' items are only eliable for exchange or credit note

The second part of 2 is nonsense, as are 3, 4, 5 and 6. The second part of 1 is dubious too.