Change of Returns Policy Without Me Knowing?

dj1471

philatio wrote: »

Errrr... not true.

So far as I can see, yes it is. I said:

me wrote:

You are entitled to return the headphones within 14 days, for any/no reason, for a full refund. It is illegal for the retailer to charge a restocking fee.

The regulations say:

The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability...the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of...the consumer...The trader must not impose any fee on the consumer in respect of the reimbursement.

As discussed the 14 days may be extended if the returns policy hasn't been correctly provided. I also said:

me wrote:

Only the returns policy provided to you at the time of the sale is relevant, they can't add terms after the fact or enforce terms that aren't in the policy.

Which is obvious, because you can't change a contract after both parties have accepted it without mutual agreement.

It is correct that deductions can be made if the customer has excessively handled the goods and caused a reduction in value, but that isn't the case here.

The claim that returns of headphones can't be accepted for hygiene reasons is nonsense and as discussed cannot be applied unless the goods were actually sealed for hygiene reasons (which they weren't, because they're headphones...).

wealdroam

dj1471 wrote: »

The regulations say:

The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability...the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of...the consumer...The trader must not impose any fee on the consumer in respect of the reimbursement.

As you are not quoting from the regulations, would you mind telling us where you are quoting from?

dj1471

wealdroam wrote: »

As you are not quoting from the regulations, would you mind telling us where you are quoting from?

Directly from the regulations. The text I quoted is taken from several different sections, I've combined it for the sake of brevity and clarity and left out bits that aren't relevant (signified by '...').

The respective sections for the text I quoted are 29(1), 30(3), 30(3)a and 34(8).

theonlywayisup

dj1471 wrote: »

You are entitled to return the headphones within 14 days, for any/no reason, for a full refund. It is illegal for the retailer to charge a restocking fee.

Only the returns policy provided to you at the time of the sale is relevant, they can't add terms after the fact or enforce terms that aren't in the policy.

You don't have to return the item within 14 days to invoke your rights under CCR, you need to cancel within this time.

If the shop's policy wasn't compliant then that's a whole different ball game.

xshootingstarsx

I'm bumping this up and the case still hasn't been fully resolved. After the company stated they would give a 100% refund when the headphones were returned they only gave a 90% refund. I asked them why and they stated that the person who dealt with returns was on holiday for two weeks. I waited two weeks and again emailed them to find out why a full refund wasn't given and they have given me the excuse that the headphones were used and therefore a full refund can't be given.

The headphones were used for no more than five minutes. I returned all of the accessories and the packaging for them. They still have their "old" returns policy on their site which they advised they changed over a month ago but obviously still hasn't been updated.

They offer a try, test, return opportunity on their site for the headphones. How can one test the headphones out without using them?

I really want to take this case further as I am really fed up and shocked with the attitude of the company. Can anyone advise me on where to go from here?

wealdroam

xshootingstarsx wrote: »

I'm bumping this up and the case still hasn't been fully resolved. After the company stated they would give a 100% refund when the headphones were returned they only gave a 90% refund. I asked them why and they stated that the person who dealt with returns was on holiday for two weeks. I waited two weeks and again emailed them to find out why a full refund wasn't given and they have given me the excuse that the headphones were used and therefore a full refund can't be given.

The headphones were used for no more than five minutes. I returned all of the accessories and the packaging for them. They still have their "old" returns policy on their site which they advised they changed over a month ago but obviously still hasn't been updated.

They offer a try, test, return opportunity on their site for the headphones. How can one test the headphones out without using them?

I really want to take this case further as I am really fed up and shocked with the attitude of the company. Can anyone advise me on where to go from here?

What price did you pay?

Did you pay by credit card?

Please tell us the name of the seller and their website.

xshootingstarsx

wealdroam wrote: »

What price did you pay?

Did you pay by credit card?

Please tell us the name of the seller and their website.

I paid £225 & all of the amount by credit card. Here is the website: https://www.thurgo.co.uk.

wealdroam

xshootingstarsx wrote: »

I paid £225 & all of the amount by credit card. Here is the website: https://www.thurgo.co.uk.

Thanks.

Read MSE's Section 75 article and then speak to your card issuer about a Section 75 refund of the missing amount.

Section 75 of the Consumer Credit Act makes the card issuer equally responsible for performance of the contract.

shaun_from_Africa

Looking at the returns policy on their website, I would hope that your credit card issuer agrees that there has been a clear breach of contract.

Try, Test and Return
Here at Thurgo, we offer a try, test and return on all products. This is valid for 10 days. This allows you to open the packaging, test the product and if this product is not up to your satisfaction, we will allow a return and a full refund. The return postage must be covered by the customer if the item is not faulty.

shaun_from_Africa

If for any reason you need proof of the returns policy as shown on the webpage, it's now archived here:
https://web.archive.org/web/20150910151159/http://www.thurgo.co.uk/folder-434-returns
just in case it changes in the meantime.