Non refundable deposit

Sundawn

Hi all.

I recently (Sep 15) arranged to purchase some custom made boots from a Facebook seller.

The boots arrived but were not the size that I asked for. I returned them and the seller said she would do me some new ones and try and sell the old ones on. Skip to December and after asking the seller several times what was happening she told me she now couldn't make the boots and would refund me once the old boots were sold.

After several attempts to contact her, she finally refunded my money today but has told me that it is minus £15 non refundable deposit. Although the amount in question is relatively small, I want to stick to my guns as she did not provide the item requested. All correspondence has been through messenger which I have taken screenshots of and unfortunately although I paid via PayPal, I paid friends and family (I am aware this was not a sensible decision).

Any advice appreciated.

neilmcl

If indeed the boots were not of the size requested then you are entitled to a full refund.

bod1467

As above ... regardless of whether or not a deposit is ever non-refundable (hint - it isn't, ever, although some part of it might be claimable by the seller), the goods did not conform to contract therefore the seller was legally obliged to refund or replace (at your choice).

And the fact the seller tried to sell on the non-conforming goods was no concern of yours - you didn't have to wait for that to happen to be able to get your FULL refund?

How did you pay? What was the original purchase price? Just re-read your OP. You'd probably need to consider court action to make the seller pay up. Try a Letter Before Action (LBA) first ... Google it.

GrotBags_2

Yes, LBA, ask her for the £15 back, if she fails to pay this take her to the small claims court.