Returns and refunds on line

naedanger

angryparcel wrote: »

well that is not a website as the domain is not registered

https://whois.domaintools.com/reneesmee.co.uk

and no website has been created using that domain

https://web.archive.org/web/*/http://reneesmee.co.uk

I am guessing this is the site:

https://renesmees.co.uk/about/

shaun_from_Africa

naedanger wrote: »

I am guessing this is the site:

https://renesmees.co.uk/about/

If it is that one then I doubt if the OP has much chance of getting a refund unless Australia has consumer rights that cover this.

13. Governing Law and Jurisdiction

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.

naedanger

shaun_from_Africa wrote: »

If it is that one then I doubt if the OP has much chance of getting a refund unless Australia has consumer rights that cover this.

Agreed, unless the dress cost over £100 and was bought using a credit card.

angryparcel

also

https://whois.domaintools.com/renesmees.co.uk

does not give any registrant details which as its a .co.uk. domain breaches Nominet agreements as they are generating an income so must display their details in a whois record.

they also have no address or contact number of the website which would draw a red flag as you have no idea where the domain is registered or where the site is run from

shaun_from_Africa

naedanger wrote: »

Agreed, unless the dress cost over £100 and was bought using a credit card.

Even if that is the case and that is the correct website, it doesn't mean that the credit card company have any liability because a refund is not being offered.

S75 only makes the credit supplier liable in the event of a breach of contract and if Australian consumer law doesn't state that consumers have the right to return unwanted or unsuitable goods for a refund then there has been no breach.
The terms on that website state that returns are allowed within 14 days and an exchange or online credit will be given and this is what the OP has been offered.

angryparcel

shaun_from_Africa wrote: »

if Australian consumer law

That is if the site is from Australia even though they have that statement in their Terms, without any details on the website and no whois details on the domain it could be a site from Outer Mongolia, no one knows, even a credit card company would not know.

naedanger

shaun_from_Africa wrote: »

Even if that is the case and that is the correct website, it doesn't mean that the credit card company have any liability because a refund is not being offered.

S75 only makes the credit supplier liable in the event of a breach of contract and if Australian consumer law doesn't state that consumers have the right to return unwanted or unsuitable goods for a refund then there has been no breach.
The terms on that website state that returns are allowed within 14 days and an exchange or online credit will be given and this is what the OP has been offered.

But the contract is actually probably covered by the Consumer Rights Act.

A trader does not necessarily have to be based in the UK to be affected by the Consumer Rights Act. As a general rule, if the trader markets their goods to consumers living in the UK then the provisions in the Goods Chapter of the Consumer Rights Act could apply to them.

Source: https://www.businesscompanion.info/sites/default/files/The%20sale%20and%20supply%20of%20goods_ALL_BIS_GOODS_GUIDANCE_SEP15.pdf

In practice it would be difficult pursuing an overseas company for breaching the CRA but it should not be difficult pursuing the credit card company who would be jointly liable.

shaun_from_Africa

naedanger wrote: »

But the contract is actually probably covered by the Consumer Rights Act.

A trader does not necessarily have to be based in the UK to be affected by the Consumer Rights Act. As a general rule, if the trader markets their goods to consumers living in the UK then the provisions in the Goods Chapter of the Consumer Rights Act could apply to them.

Source: https://www.businesscompanion.info/sites/default/files/The%20sale%20and%20supply%20of%20goods_ALL_BIS_GOODS_GUIDANCE_SEP15.pdf

In practice it would be difficult pursuing an overseas company for breaching the CRA but it should not be difficult pursuing the credit card company who would be jointly liable.

Even if the contract is covered by the CRA, it's the Consumer contracts regulations and not the CRA that stipulate the requirement for the 14 change of mind returns for most goods so it shouldn't make any difference if the CRA applies or not.

shaun_from_Africa

Snodgrass, have you been given an address for the return? and if so, is this a UK one?
If it is, could you post the address on here as it might well be possible to find out if the company that you bought the dress from have a UK presence and if they are subject to UK consumer related legislation.

wealdroam

shaun_from_Africa wrote: »

Even if the contract is covered by the CRA, it's the Consumer contracts regulations and not the CRA that stipulate the requirement for the 14 change of mind returns for most goods so it shouldn't make any difference if the CRA applies or not.

But if the seller supplied a different size to that ordered (just one example), then it is a CRA matter and thus a S75 claim would be appropriate.

I think the OP needs to clarify why the dress doesn't fit.