Jeulia website refuses refunds

balibali293

I have purchased a very cheap looking ring set which the website 'Jeulia' say is lab created and they offer 'easy returns'. However, they will not give me a refund. They will not even tell me their return address until I accept an exchange of a different item.
Apparently their policy is that if the tag is not attached they deem it as used. I have explained that the tag was never attached but placed in the packaging - not even in the box. I requested a refund within one hour of signing for the package.
Surely I am within my rights to request a refund? Is there any legislation I could quote? TIA

TadleyBaggie

They appear to be US based, therefore UK consumer legislation isn't likely to be applicable here.

agrinnall

balibali293 wrote: »

They will not even tell me their return address until I accept an exchange of a different item.

But they do have a location address on their website:

Location: 18551 Arenth Ave, City of Industry, California 91748. United States

https://www.jeulia.com/contact-us.html

shaun_from_Africa

TadleyBaggie wrote: »

They appear to be US based, therefore UK consumer legislation isn't likely to be applicable here.

They do appear to have a UK presence.

Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by jeulia.com, having its registered office at Third Floor 207 Regent Street, W1B 3HH, London, UK

And registered at thi address with Companies house:
https://beta.companieshouse.gov.uk/company/09754797

GOVERNING LAW:
The Terms shall be governed by the laws of United Kingdom without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of United Kingdom.

https://www.jeulia.com/terms-and-conditions.html

balibali293

The item was sent from China, so I'm not sure if that is the return address. I don't want to return it to the wrong place in case they refuse a refund on the grounds that it is in the wrong country.

On the MSE site it states 'it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce)' here: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Does that include online? I can't believe that I have no rights to a refund? Especially as I asked to return the item within an hour of receiving it - well within the limits.

unholyangel

OP, did they provide you information on your right to cancel (under the consumer contract regulations) via durable medium?

unholyangel

balibali293 wrote: »

The item was sent from China, so I'm not sure if that is the return address. I don't want to return it to the wrong place in case they refuse a refund on the grounds that it is in the wrong country.

On the MSE site it states 'it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce)' here: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Does that include online? I can't believe that I have no rights to a refund? Especially as I asked to return the item within an hour of receiving it - well within the limits.

The CCRs provide:

(2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer must—

(a)send them back, or
(b)hand them over to the trader or to a person authorised by the trader to receive them.

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;
(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;
(c)if no address is specified for either of those purposes, any place of business of the trader.

balibali293

Thank you for this advice, I have emailed them back. Hopefully they will stop giving me the brush off now.

balibali293

unholyangel wrote: »

OP, did they provide you information on your right to cancel (under the consumer contract regulations) via durable medium?

They sent me this: http://www.jeulia.com/30-day-return-policy.html
in which it says that the tag must not be removed, but they had not attached the tag. The tag does not have a sticky edge so it can not be attached.

unholyangel

OP when you say they sent you that website, do you mean the information contained on the website? Or that they sent you that link?

Let us know how you get on with them. That retailer is in for a rude awakening if they think they can refuse returns just because a tag isn't attached. The CCRs set out circumstances where you don't have the right to cancel so unless its expressly excluded by CCRs, the retailer can't refuse to accept returns.

They may have a claim for diminished value, but only if handling goes beyond what is necessary (think what you would be allowed to do in a shop), they complied with providing the necessary information and the handling actually diminishes the value. Even if the circumstances only satisfy 2 out of the 3, they can't make a deduction. So even if they gave you the information and your handling went beyond what would be allowed in a shop, if it didn't diminish the value then they can't make a deduction (and definitely can't refuse its return).