Refund rights buying online

antiguagirl

This is my first post on here so please forgive me if I make any errors or if this not the correct place to post my query.

I purchased a pair of shoes on mytheresa.com and paid with my American Express credit card.
The buckle on one of the shoes was broken (the shoes had been worn once for a couple of hours).
I sent the shoes back - clearly stating on my returns form I wanted a refund, not an exchange or repair.
Today I received an email from them saying they had repaired the shoes and would return them back to me.
I responded saying I had requested a refund as the shoes were faulty and could they refund my money.
I received this email below in bold.

Thank you very much for your Email.

We kindly like to inform you that we have the right to repair an item if it is possible.

We work together with the designer and they make the decision if an item can be repaired.

Unfortunately it is not possible to give you a refund.

For any further questions, please feel free to contact us anytime.

Best regards,

Melanie Paetsch
Customer Care & Fashion Advisor

Can you please let me know my rights in terms of getting my money back and does it help me further as I paid with my Amex credit card?

Many thanks

mije1983

When did you buy them?

Ectophile

There's a summary for mail order goods here: https://www.citizensadvice.org.uk/Global/Public/Campaigns/cra/ConsumerRightsSummary-GoodsOL.pdf

If you returned them within 30 days, then you have a right to a refund. If you left it too long, then they do have the right to offer a repair instead.

If the retailer is being unhelpful, try contacting your card provider. Your rights will vary depending on whether the goods were over or under £100, and whether it was an Amex charge card or credit card.

elsien

Were you within 30 days of buying them?
According to Which

Under the Consumer Rights Act you have a legal to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund - as long as you do this quickly.

This right is limited to 30 days from the date you buy your product. After 30 days you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period.
If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.

SuperHan

It is worth noting that the website appears to be German (with a German contact telephone number and address), so German law may apply.

Given that Germany is in the EU though, the consumer protection will be similar to ours, but may not be quite as generous.

antiguagirl

Sorry I can't see how to respond to each of you individually:

mije1983 - I bought them on the 31st July 2016

Ectophile - Thanks. Yes I returned them within 30 days. My Amex is a Virgin MBNA credit card (I don't know what the difference is between a credit card and a charge card?). The shoes were over £100 - how does that affect my rights please?

elsien - yes I am still within the 30 days. How do I proceed from here please?

SuperHan - thank you. Do you know where I can look up the German consumer act please?

Also the website is a Google Certified Shop - not sure if that affects anything?

antiguagirl

Ectophile- sorry it's a gold American Express, not a Virgin MBNA.

antiguagirl

Hello again

Not sure if I responded correctly as I am no longer receiving any replies.

elsien

I think you need to check if the consumer rights act applies to where you bought them from - maybe try trading standards? Sorry, not sure about that.
However if they're over £100 and bought on credit card you can look at a section 75 refund on your card. If you look round, there's some template letters somewhere.

http://www.thisismoney.co.uk/money/cardsloans/article-2605929/Find-rights-credit-card-refund-Section-75.html