Internet retailer won't give full refund - he said she said

All70schick

Hello,
First forum post so hopefully all correct info supplied.

I sent items back to an internet retailer for a refund. They are saying that I removed the tag from an item and won't give a full refund. The item was sent back with tag attached and now it's a case of he said she said. What are my rights here? I returned the items in good faith. They said I removed the sizing label - untrue and the tag - also untrue. I paid with PayPal.

Thank you

hollydays

Out of interest how was the sizing label attached ?
Who is the company?
Are they based in the uk?

bris

Knowing the retailer would help. Most retailers live and die by reputation, especially now with social media and the review sites that catch everything.


Lying about a single item to save a few quid doesn't make sense to me as it won't be the first return they have ever dealt with so if they are doing this then the net will know about it. But that doesn't mean they didn't do it.


Just playing devils advocate here but it wont be the first time a customer has had their party and decided to return the dress (example) expecting a refund so they know the tricks.


If they are sticking to their guns then all you can do is take them to the small claims court.

arcon5

Open a PayPal claim

All70schick

Hi, it's Oh Polly. I read their terms stringently because they have clauses such as 'restocking fee' if you use a discount code so I was expecting them to be difficult. I get that people do that but I returned the items by special delivery the next day after receiving them. The size label I think is attached by thread. I know everything was present and correct so it's just really frustrating to have this happen.

PayPal claim seems best way to go.

unholyangel

All70schick wrote: »

Hi, it's Oh Polly. I read their terms stringently because they have clauses such as 'restocking fee' if you use a discount code so I was expecting them to be difficult. I get that people do that but I returned the items by special delivery the next day after receiving them. The size label I think is attached by thread. I know everything was present and correct so it's just really frustrating to have this happen.

PayPal claim seems best way to go.

Can't see anything in their terms about a restocking fee. I do however see a few terms that jump out as unfair/unenforceable/misleading.

Did they provide any information by email? They need to provide certain information before you are bound by the contract. If they do not, they can't do certain things.

For instance in order to make a deduction for diminished value, the following needs to apply:
1) They need to have given you information on your right to cancel - that a right to cancel exists, the conditions, time limit and procedures for exercising that right
2) Your handling needs to be go beyond what is necessary to establish the nature, characteristics & functioning of the goods
3) Your handling needs to actually diminish the value of the goods.

All 3 of the above need to apply in order for them to make a deduction from the refund.

Also, under section 6 (delivery) of their T&C's, they say:

6.5 As stated in Clause 10 within this Agreement, we do not refund postage costs.

Except clause 10 doesn't mention postage at all. I'm not sure if this is them saying they don't refund the original delivery fee (which would be illegal). Or whether they don't pay for return postage costs (which would still be illegal with that wording given they'd be liable where the goods dont conform to contract).

All70schick

Thank you, that is incredibly helpful. There are two additional clauses once you go to pay and check out that only come up when you click 'agree to terms and conditions' these two clauses aren't in the full body of T&C's on their website and include the restock fee if using a discount code.

I will go through my emails now.