Refund rights when paid part gift card and part paypal

euronorris

Hi All


Just wondering what my consumer rights are in this instance.


I bought 2 dresses from New Look online, in 2 different sizes as I wasn't sure which one would fit. I paid using a gift card of £25 and the balance I paid using paypal (£20.97).


Tried them both on, then returned the one that didn't fit and requested a refund (£19.99), expecting a refund to go into my paypal account. It hasn't. New Look have refunded the balance to my gift card.


I've checked their FAQ's and they do state that this is what they will do, but I am just wondering if this is something that they are legally entitled to do? Seems really cheeky to me as they are forcing me to pay more than I had ever intended to.


I've emailed them anyway and requested that they remove the balance from the gift card and refund the money to my paypal. But, if they say no do I have any right to insist on it? If not, can I insist on a refund of the gift card balance instead?


TIA.


Euro x

pinkshoes

This is normal.

Just return them both then purchase the one you want using the gift card.

euronorris

Thanks pinkshoes. I didn't know this, and it's too late now (I wouldn't have had time to do that anyway) as I have already worn and washed the correct size item multiple times.


So, I can safely assume that I have no right to insist on the money being refunded to my paypal account then?


Understand that may be the legal position, but morally questionable.


Ho hum, I shall have to chalk it up to experience.

stuartJo1989

Not really any rights, you merely need to receive your money back via one of the payment methods used (or any other that you mutually agree on). The gift voucher was a valid payment method and it makes business sense on their part to refund via the voucher first and foremost.

I'd query the expiry date though, as it may have changed due to this (only usually in favour of you though)

euronorris

Of course it makes business sense to them, but morally and ethically I object to it, as it forces me to spend more money with them than I had intended to do. My intention was only ever to use the gift card balance, not my own cash. Now, I am in a situation where I have spent my own cash and still have to spend the refund with them, as their terms dictate that it must be refunded to the gift card, rather than to my paypal account.


I get why they've done it. I object to it, but c'est la vie. Lesson learnt. I shan't make the same mistake again.

takman

euronorris wrote: »

Of course it makes business sense to them, but morally and ethically I object to it, as it forces me to spend more money with them than I had intended to do. My intention was only ever to use the gift card balance, not my own cash. Now, I am in a situation where I have spent my own cash and still have to spend the refund with them, as their terms dictate that it must be refunded to the gift card, rather than to my paypal account.

I get why they've done it. I object to it, but c'est la vie. Lesson learnt. I shan't make the same mistake again.

Well if your talking about moral and ethics then is it morally right to order two of the same sizes knowing that you will be guaranteed to return one which costs them money in postage and processing.

The moral thing to do would be to order the size you think is correct and then only send it back and change it if it's wrong. This would mean you might not need to send it back at all.
Also if you had done this then you wouldn't have had the problem in the first place.

euronorris

takman wrote: »

Well if your talking about moral and ethics then is it morally right to order two of the same sizes knowing that you will be guaranteed to return one which costs them money in postage and processing.

The moral thing to do would be to order the size you think is correct and then only send it back and change it if it's wrong. This would mean you might not need to send it back at all.
Also if you had done this then you wouldn't have had the problem in the first place.

It's distance selling, so yes, I do. Just as I think it would've been perfectly fine to buy two items in the shop, and return the one that didn't fit if I had been in a hurry and didn't have time to try it on. And seeing as I paid postage for delivery, I don't really see the issue. If I'd have gone down your route, I would've been returning the item anyway and re ordering the correct size as the item came up way bigger than expected.


Besides, I don't really think you can compare the £3.00 return postage cost (likely less as they I'm sure they have secured a corporate deal/rate with royal mail), with the additional £19.99 that I am now forced into spending with them.

takman

euronorris wrote: »

It's distance selling, so yes, I do. Just as I think it would've been perfectly fine to buy two items in the shop, and return the one that didn't fit if I had been in a hurry and didn't have time to try it on. And seeing as I paid postage for delivery, I don't really see the issue. If I'd have gone down your route, I would've been returning the item anyway and re ordering the correct size as the item came up way bigger than expected.

The distance selling regulations are to give people the to send things back that they order and were not what they expected.

You purposely bought two items knowing you would have to send one back. Personally i think this is morally questionable as you are forcing them to incur and extra cost guaranteed. If you only buy one size at a time then you may not have to return one.

This is a big problem for online retailers and it costs them a lot of money. You may think it's only a few pounds per order but it does add up. Ultimately though this cost is passed onto the customers by increasing prices.

euronorris wrote: »

Besides, I don't really think you can compare the £3.00 return postage cost (likely less as they I'm sure they have secured a corporate deal/rate with royal mail), with the additional £19.99 that I am now forced into spending with them.

You used have obviously read up on the Distance Selling Regulations at some point in the past and used them to your advantage knowing you can order two and send one back. But you failed to read the New Look website where it clearly states how refunds are processed to gift cards first:

http://www.newlook.com/uk/help/returns-and-refunds

If you want to "play" the system then you need to make sure you understand all the rules exactly. In this case you didn't so you can't blame anyone but yourself.

I'm not saying there is anything wrong with "playing" the system and taking advantage of rules and regulations. But if you fail to do your research and end up loosing out you can't really blame the company.

stuartJo1989

euronorris wrote: »

Of course it makes business sense to them, but morally and ethically I object to it, as it forces me to spend more money with them than I had intended to do.

Well.. I know what you are saying, but from a third party perspective you entered into a contract for both items because you wanted both of the items. In that respect, you haven't been "forced" to spend any more than you intended to spend (especially considering you were refunded via a legitimate payment method).

My intention was only ever to use the gift card balance, not my own cash.

Did the retailer agree to your terms and conditions? Or did they clearly outline that this wouldn't be the case in their Ts and Cs which you agreed to?

Now, I am in a situation where I have spent my own cash and still have to spend the refund with them, as their terms dictate that it must be refunded to the gift card, rather than to my paypal account.

Aye, as per your initial intention to purchase and own two of the items.

I get why they've done it. I object to it, but c'est la vie. Lesson learnt. I shan't make the same mistake again.

Yea, I agree with takman here. If you "play the system" then you need to be a bit more careful and read all of the relevant info.

As a practical solution, why not pop the voucher into an envelope and give it to someone as an Xmas present?

sheramber

Just as I think it would've been perfectly fine to buy two items in the shop, and return the one that didn't fit if I had been in a hurry and didn't have time to try it on.

If you bought them in a shop you have no right to return them. You rely on the retailer agreeing to that. While some do , not all retailers do.

Si check before you do that.