Fat Face confusing online returns policy

HRoss23

Hi, I'm new to this forum so hoping this is the right place to post this for advice and help.

I ordered a hoodie from Fatface on the 3rd January 2017 from their online shop, to be delivered to the store. I received notification that it had been delivered to store on the 5th Jan however as I was working away from home at the time, I was unable to pick it up until the 11th Jan.

I took it home, tried it on and realised it was slightly too large. So again I ordered a smaller size to be delivered to store, and picked this up around the 18th Jan (can't remember the exact date). On the 23rd Jan I attempted to return the original hoodie which was too large, but I was told that as it was more than 15 days since it was delivered to the store, I would be unable to get a refund, or credit note, or even exchange it for anything similar.

I had understood from their returns policy on their website where it states that "Under the United Kingdom's Consumer Contracts Regulations you have the right to cancel your order. To do so you must inform us in writing within 14 days from the day after receipt of your order to our Customer Services Department, either by post or email." that I had 14 days from when I physically received the order (i.e when I picked it up in store). But apparently, there is some small-print in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.Section 30 (3) which states:

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—
(a)the consumer, or
(b)a person, other than the carrier, identified by the consumer to take possession of them

In this case, FatFace consider that the store is the elected person (b) identified by myself to take possession of them.

I would argue that
1) As I understand it. the above small-print is used so a neighbor or colleague can take possession of a parcel. I would not consider a store to be a "person".
2) At no point on their website do they state that by getting it delivered to store, my 15 days return period starts from when the store take possession of it
3) In fact, their website goes so far as to say I (the customer) have 15 days after receipt of the order (sale items) to return unwanted items.

I feel completely let down by a company to which I have been a loyal customer. Their customer service has been terrible, and while the total value of the order is relatively small, I believe very strongly that they should not be allowed to continue with this rather underhand tactic to clamp down on returns from genuine, loyal customers.

Any advice would be welcome. I have reached a stalemate with FatFace and contacted the Ombudsman. I have also taken this to social media in an attempt to get a satisfactory response from them.

Thanks

wealdroam

HRoss23 wrote: »

Hi, I'm new to this forum so hoping this is the right place to post this for advice and help.

I ordered a hoodie from Fatface on the 3rd January 2017 from their online shop, to be delivered to the store. I received notification that it had been delivered to store on the 5th Jan however as I was working away from home at the time, I was unable to pick it up until the 11th Jan.

I took it home, tried it on and realised it was slightly too large. So again I ordered a smaller size to be delivered to store, and picked this up around the 18th Jan (can't remember the exact date). On the 23rd Jan I attempted to return the original hoodie which was too large, but I was told that as it was more than 15 days since it was delivered to the store, I would be unable to get a refund, or credit note, or even exchange it for anything similar.

I had understood from their returns policy on their website where it states that "Under the United Kingdom's Consumer Contracts Regulations you have the right to cancel your order. To do so you must inform us in writing within 14 days from the day after receipt of your order to our Customer Services Department, either by post or email." that I had 14 days from when I physically received the order (i.e when I picked it up in store). But apparently, there is some small-print in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.Section 30 (3) which states:

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—
(a)the consumer, or
(b)a person, other than the carrier, identified by the consumer to take possession of them

In this case, FatFace consider that the store is the elected person (b) identified by myself to take possession of them.

I would argue that
1) As I understand it. the above small-print is used so a neighbor or colleague can take possession of a parcel. I would not consider a store to be a "person".
2) At no point on their website do they state that by getting it delivered to store, my 15 days return period starts from when the store take possession of it
3) In fact, their website goes so far as to say I (the customer) have 15 days after receipt of the order (sale items) to return unwanted items.

I feel completely let down by a company to which I have been a loyal customer. Their customer service has been terrible, and while the total value of the order is relatively small, I believe very strongly that they should not be allowed to continue with this rather underhand tactic to clamp down on returns from genuine, loyal customers.

Any advice would be welcome. I have reached a stalemate with FatFace and contacted the Ombudsman. I have also taken this to social media in an attempt to get a satisfactory response from them.

Thanks

Hi, welcome to the forums.

You need to send them a letter before action and following that start a moneyclaimonline if necessary.

Whether they are right or wrong, I would expect them to react favourably to that LBA to avoid the costs of court.

I must say that I can see their point of view.
You suggest that that part of the CCRs applies to a neighbour. What if your neighbour happens to be a small shop? Would you consider that small shop a person? The man behind the counter is a person, as is the person who received the goods in the Fat Face shop.

HRoss23

I completely get that argument, and agree that they probably acting within the law. My issue is that their T's & C's on their website are misleading to the customer.

I don't think that I would be the only person who would read the following from their website:
"Returns are FREE from anywhere in the UK (except during sale periods). Simply return your unwanted item within 30 days of receipt (full price), 15 days (for Sale items), unused and in its original condition with your completed returns form via any of the following ways:"
and interpret it as 15 days from when I physically received the goods in my hands. At no point is it explained that the store is acting as your friendly neighbour in receiving the goods on your behalf.
I don't think it is reasonable to expect me, a "lay consumer" to doubt the wording on their own website and seek the small print in the relevant legislation.

If I picked the goods up from store on Day 14, does that mean I only have one day to decide whether or not I want to keep the goods? It hardly seems fair?

wealdroam

HRoss23 wrote: »

If I picked the goods up from store on Day 14, does that mean I only have one day to decide whether or not I want to keep the goods? It hardly seems fair?

Is that much different from leaving them on your doormat for 14 days and then claiming you only have one day to decide whether to keep or return?


You seem to have missed this part of my earlier post:

wealdroam wrote: »

You need to send them a letter before action and following that start a moneyclaimonline if necessary.

Whether they are right or wrong, I would expect them to react favourably to that LBA to avoid the costs of court.

Tandee

I too have experienced this problem and have had no response to an email. How did things pan out for you? I'm considering small claims.

neilmcl

Tandee wrote: »

I too have experienced this problem and have had no response to an email. How did things pan out for you? I'm considering small claims.

You can't have it both ways. You either accept that delivery to the store is no different to a delivery to any other nominated place and to a "person, other than the carrier, identified by the consumer to take possession of them" or take the attitude that delivery doesn't actually take place until you've collected it from the store, in which case CCRs wouldn't apply because by doing so you haven't completed the entire contract within a distance means. Now, obviously the latter is nonsensical but you see the point I'm making.

I suspect, as the OP hasn't updated since posting nearly 6 months ago they either didn't get anywhere or Fat Face made a goodwill gesture.