Refusing full refund

Sar234

Hi,

I was wondering if someone could give me some advice please! I would really appreciate it.

I bought some new clothing items from a small company (running 8 years). They offered what they call a "Lucky Bag" of clothes. Basically the terms laid out for the Lucky Bags were that it was in effect a blind shop - you would receive 6 items of clothing as part of your lucky bag from their previous seasons collection for £30 + £3.95 delivery. The terms were that the bags were put together by an individual who chose items in your size from the leftover stock and if possible would match them into so called outfits. As part of the terms, these bag were non-redundable.

I was happy with this and prepared to take the risk in terms of them not all being to my taste since a few of my friends had bought from them and been happy with their purchases.

I paid for the Lucky Bag on 14th October and received it on Sunday 21st. When I opened the bag to look at what I had received, it was clear that 3 out of the 6 lucky bag items were faulty. Nowhere in the terms did it state that these items were seconds or anything like that.

I contacted the company and explained what was wrong with 3 of the items and sent them a photo showing them the faults. The jumpsuit was clicked all the way down the back of both legs, the top was clicked across the front and two of the buttons on the skirt were hanging off.

They replied and said they would be able to exchange the two clicked items ( but it was my responsibility to pay for them returning) however, they said they would not with the skirt as the buttons hanging off is not a fault and that "manufacturers make them like that", despite all the other buttons being very secure and attached tightly.

As you can imagine I was not very happy since they are not agreeing to resolve the faults with all three items and only the two despite the skirt also not being wearable and fit for purpose.

Since they refused to remedy the faults with all three items I asked for a full refund and details on returning the whole "Lucky bag" and jist wanted to be done with them as the correspondance from them was starting to get unprofessional.

I have not received items of good quality and of what I paid for so I believe I am being perfectly reasonable just asking for a refund. They have now offered me a partial refund of £10 ( worked out at £30 ÷ 6 items x 2 faulty items).

The still leaves me with a faulty skirt and they are refusing to admit it is not up to standard despite photos and so will not refund this. At this point, and because I feel they are being unreasonable, I have requested a full refund and quoted the Consumer Rights Act.

They have replied stating they are well aware of the law and it is tough luck because they know what they are doing is right and the terms were non-redundable so that's their final position on the matter.

Where does this leave me? I have read the act and since they are faulty I thought they had to give me a refund on receipt of return? I am pretty disappointed in the whole thing since I have bought from them loads of times before and never had any issues. It feels like they have just sent out all their dregs to those who are not local to their shop to get rid of in the hope noone would notice the faults..

theonlywayisup

Where is the company based. Was it an online purchase. How did you pay.

marlot

Sar234 wrote: »

... despite the skirt also not being wearable and fit for purpose....

You could have resewn the buttons in the time taken to write your post?


If you paid by credit card they might help (but with the purchase under £100 they may not).


I'd take the £10 and not have anything to do with them again.

pinkshoes

If it's a UK company then as 2 items are faulty but you bought as bundle then you can return the whole lot for a full refund including return postage.

If you like the rest of the items I'd take the £10 refund and sew the buttons back on the skirt.

Then leave them some bad feedback online.

I always thought these lucky dip mystery bundle sales were a way of getting rid of unwanted stock.

Sar234

It was an online purchase, they have a shop based in West Yorkshire, UK

pulliptears

Might be a regional thing, but what does 'clicked' mean?

marliepanda

pulliptears wrote: »

Might be a regional thing, but what does 'clicked' mean?

Like a thread pulled, almost like a ladder in tights. Thats what I would call clicked. Ive also had my cats 'click' towels before, where their claws have gotten caught in the little thread loops.

DoaM

Bobbled? Pulled?

unholyangel

There are 2 laws they are breaching. The consumer rights act and also the consumer contract (information, cancellation & additional charges) regulations.

The ccrs give you the right to cancel goods for a minimum of 14 days starting the day after the goods are delivered. Certain goods are exempt from the right to cancel but none of those exemptions would apply to a "lucky bag". So they are in breach by stating it is non-refundable.

Further to that as you seem to already know, the consumer rights act gives you the right to reject goods that dont conform to contract for a full refund within 30 days of the goods being delivered. Even if you had purchased all of the goods separately, you would be able to reject the entire order if even 1 of them failed to conform. With goods that form a commercial unit (as these do), you have to reject the entire goods that make up that commercial unit.

You could try a chargeback with your bank - just make sure you point out that consumer rights act forms part of the contract by default (as chargeback tends to work on contractual terms). If the bank refuse you can then complain to the financial ombudsman.

Alternatively, send the company a letter before action.

pulliptears

marliepanda wrote: »

Like a thread pulled, almost like a ladder in tights. Thats what I would call clicked. Ive also had my cats 'click' towels before, where their claws have gotten caught in the little thread loops.

Ahh, a 'run'
Regional dialect is a funny old thing. Not heard 'clicked' before.

JJ_Egan

Do you mean you haver never clicked ??