Do I have a case?

kod.a.nwl

I bought wooden flooring from a flooring website and chose to return the goods. On the website it stated regarding returning goods

“..Most online companies stick within The Distance Selling Regulation 2000 which gives you the right to cancel your order with 7 working days after you have received the goods you order however we have listened to much customer feedback and we feel that is extremely unfair on the customer, so we have decided to extended this to 28 days...

In the unlikely event of you wanting to return and cancel your order here are following terms
You are entitled to cancel the contract at any time but no later than 28 days after you receive the goods in accordance with the Consumer Contracts Regulations 2013 for sales on or after 13th June 2014…”

I purchased the goods on the 21/11/2016, they were delivered to my address on the 23/11/2016.I made the store aware I was returning the goods on the 13/12/2016, which they accepted and I returned the goods on the 21/12/2016 and obtained POD, the goods were returned 28 days “after” the date of delivery, 29 days “from” the date of delivery.

The store are refusing to give a refund because they state they only accept goods back counting from the date of delivery. Nowhere on their website or terms and conditions do they state this but rather that I have 28 days after the day of delivery. On the 05/01/2017 they stated they were going to process a refund, however this never took place, something I only discovered the other day on the 17/03/2017 when I called them up enquiring about my refund, after which, I found out about their 28 day return from policy.

They haven’t stated where the goods are atm, if they have been resold or destroyed and haven’t offered to send them back to me with or without a cost.

This has all been explained to them and they are refusing to issue a refund, would I have grounds take this to a small claims court?

Thanks ahead of time for any answers

wealdroam

kod.a.nwl wrote: »

I bought wooden flooring from a flooring website and chose to return the goods. On the website it stated regarding returning goods

“..Most online companies stick within The Distance Selling Regulation 2000 which gives you the right to cancel your order with 7 working days after you have received the goods you order however we have listened to much customer feedback and we feel that is extremely unfair on the customer, so we have decided to extended this to 28 days...

In the unlikely event of you wanting to return and cancel your order here are following terms
You are entitled to cancel the contract at any time but no later than 28 days after you receive the goods in accordance with the Consumer Contracts Regulations 2013 for sales on or after 13th June 2014…”

I purchased the goods on the 21/11/2016, they were delivered to my address on the 23/11/2016.I made the store aware I was returning the goods on the 13/12/2016, which they accepted and I returned the goods on the 21/12/2016 and obtained POD, the goods were returned 28 days “after” the date of delivery, 29 days “from” the date of delivery.

The store are refusing to give a refund because they state they only accept goods back counting from the date of delivery. Nowhere on their website or terms and conditions do they state this but rather that I have 28 days after the day of delivery. On the 05/01/2017 they stated they were going to process a refund, however this never took place, something I only discovered the other day on the 17/03/2017 when I called them up enquiring about my refund, after which, I found out about their 28 day return from policy.

They haven’t stated where the goods are atm, if they have been resold or destroyed and haven’t offered to send them back to me with or without a cost.

This has all been explained to them and they are refusing to issue a refund, would I have grounds take this to a small claims court?

Thanks ahead of time for any answers

Did you pay by card?
If so, consider a chargeback. Reason - promised refund not materialised.
Maybe read MSE's Chargeback article first.

kod.a.nwl

I believe I fall outside the 120 days to request a chargeback. Thanks for you answer.

wealdroam

kod.a.nwl wrote: »

I believe I fall outside the 120 days to request a chargeback. Thanks for you answer.

Yes, it's 127 days since delivery.

I would be seeking a chargeback, keep the evidence of a promised refund, and if/when it is refused then explain that you were giving the seller a chance to 'do the right thing' but your patience has apparently cost you.

You will have read in that article that the card issuer does have room to extend that 120 day limit.

From that article:

The rules set by Visa, chargeback and American Express only usually give you 120 days to get a claim in – and the clock usually starts ticking when you first notice a problem though it will depend on the type of situation.

As the chargeback is for 'promised refund not materialised', perhaps you could persuade them that the 120 days start when they promised the refund, or even when you realised that the refund wasn't forthcoming.

Must be worth a phone call.