Online retailer not issuing refund

Fstar12

Hi, so I ordered 2 items from a well known online retailer. 1 dress which was £35 and 1 pair of shoes which were £8.50.
Parcel delivered yesterday and there was no dress and 2 pairs of the same shoes. I rang up to let them know and their response was that I needed to send the extra shoes back and once I did they would refund me so I could reorder the dress. I wasn't happy with this as it wasn't my error and I'd have to pay a 2nd lot of postage. I went back to them and now they're saying the dress is out of stock and I'll still have to wait for them to receive the shoes before they refund the dress. Can they do this?!
It's more the principle that I'm annoyed with. I'm indebted to them to the tune of £8.50 because they sent me something I didn't ask for, and yet they're holding my £35 to ransom when they now can't even fulfil the order. Thanks.

unholyangel

Who was the seller? Are they a UK company?

Did you agree to return rejected goods at the time of entering the contract (what do their T&C's say about rejected goods)?

Fstar12

The company is SimplyBe
There is nothing in their T&C's about receiving something you didn't order.
I entered into a contract to buy a dress which they cannot fulfil and one pair of shoes, not two. I rang up straight away to inform them and let them k ow I would be returning the extra shoes. My thinking is that I should be refunded for the dress as they cannot provide this, not held to ransom over a pair of shoes I didn't order and have said I will return (actually collected this morning) I get they don't want to be out of pocket but why should I be because of their error.

unholyangel

Fstar12 wrote: »

The company is SimplyBe
There is nothing in their T&C's about receiving something you didn't order.
I entered into a contract to buy a dress which they cannot fulfil and one pair of shoes, not two. I rang up straight away to inform them and let them k ow I would be returning the extra shoes. My thinking is that I should be refunded for the dress as they cannot provide this, not held to ransom over a pair of shoes I didn't order and have said I will return (actually collected this morning) I get they don't want to be out of pocket but why should I be because of their error.

You shouldn't be out of pocket. But the retailer does have 14 days to refund you starting the day they agree you're entitled to a refund (although by that, it means the trader agrees/accepts the goods dont conform to contract) and if you did agree to return rejected goods then you'd be under an obligation to return them anyway (although the trader is always liable for the costs involved in returning when goods dont conform) so it would be more of an academic point than anything else.