Overcharged / Incorrect Item Received

michiko19

Hi, I was hoping to get some advice about my rights.

In October I ordered a beauty advent calendar from the Body Shop to the value of £99. 5 days into December, I notice that the items in the calendar were not what I was expecting. Double checked the website, the item I have actually received is an advent calendar to the value of £45. I contacted Body Shop's customer service and explained the situation. As I had already opened 5 days before realising that I had the incorrect product, I figured that if they would refund me the difference, problem solved. Ok I haven't got the item I wanted, but I could settle with that. Well, that wasn't an option, and they said they would only refund the item if I returned it, however I have opened 5 days, so will they still refund? And they are out of stock of the item I paid for, so can't send me it anyway, and I'd rather have the one I have than not at all.

My question is, are they really not able to refund the difference?

My current options appear to be:
A) keep the advent calendar I have but Body Shop keep the extra £54 they took
full refund with no advent calendar at all

I know to most of you it's probably just trivial, but in our house the advent and run up to Christmas is just as magical as the day itself.

Thanks in advance!

KatrinaWaves

Did you ask for a partial refund? Maybe theyve got a bit confused and think you want a full refund and to keep the item.

michiko19

I didn't use them exact words, I asked them to refund the £54 difference but they said no, they would only offer a refund if I returned the item. But then I wouldn't have one at all. So I tried explaining that I don't mind having the wrong one as long as they refund the difference, but they refused. I intended to try and get a refund in store tomorrow but I'm hoping to get a bit more clued up on my consumer rights first.

DoaM

Your legal right is to return the goods for a full refund of all monies paid, including any delivery charge. (They must also pay for the return, as you are not returning for change of mind but because the goods don't conform to contract). Perhaps remind them of this fact, and that you're offering a compromise which should suit both parties and mitigates their expense in providing a remedy.

KatrinaWaves

Maybe theyve got themselves confused.

I would try and be as explicit as possible and just state:

I have the £45 calendar and I have already opened it and used some of the items, so I am HAPPY to keep it, but I am not willing to pay £99.

if you say you cannot refund the £54 difference between the £99 calendar I bought and the £45 calendar you sent me, then I will return the item, as I am not paying double for it. However this makes very little sense as you will then have an item you will have to destroy and lose both item and money.

Can you confirm to me that there is no possibility of a partial refund to bring the price paid to the actual selling price of the item I received, and that I need to return this used incorrect item for a full refund. If that is the case I will then speak to head office as this seems to be a huge waste for both myself and the Body Shop.

Comms69

I suspect a letter before action for the difference will yield a refund. It would cost them a lot more to defend the claim than just pay up; even if they were confident of winning.

DoaM

Whilst that may work (shock and awe, and all that), OP has no legal basis for such a claim unfortunately - it's not a prescribed remedy in the CRA or CCRs that can be unilaterally invoked.

KatrinaWaves

Comms69 wrote: »

I suspect a letter before action for the difference will yield a refund. It would cost them a lot more to defend the claim than just pay up; even if they were confident of winning.

The OP cannot do that. They have been offered their money back. The case would be thrown out immediately.

I am totally on the side of the OP, her course of action is the most sensible and I think the Body Shop are either confused or being policy led, but many shops do this. I ordered some stuff in a sale. When it then dropped to another 20% off I reordered and simply asked them to refund the more expensive order and not send out the second order, saving them 2 lots of postage (outward, and free return) They wouldnt do it and said I had to return one order and they would still send out the other, so it 'cost' them two extra postage charges. Im sure thats not a lot with contracts etc, but it still seemed silly.

But unfortunately it is the Body Shops choice, and whilst the OP's option is extremely sensible and clearly the best idea, they are in their rights to refuse to do that, however silly it may be.

bris

Maybe they want to know the OP really does have the wrong item.


Would you take the word of a stranger phoning up and demanding £54?


No of course not, this is best dealt with in person, a result can be negotiated face to face. A manager can make a decision based on whats in front of them.

peter_the_piper

KatrinaWaves wrote: »

Maybe theyve got themselves confused.

I would try and be as explicit as possible and just state:

I have the £45 calendar and I have already opened it and used some of the items, so I am HAPPY to keep it, but I am not willing to pay £99.

if you say you cannot refund the £54 difference between the £99 calendar I bought and the £45 calendar you sent me, then I will return the item, as I am not paying double for it. However this makes very little sense as you will then have an item you will have to destroy and lose both item and money.

Can you confirm to me that there is no possibility of a partial refund to bring the price paid to the actual selling price of the item I received, and that I need to return this used incorrect item for a full refund. If that is the case I will then speak to head office as this seems to be a huge waste for both myself and the Body Shop.

Maybe they are asking for the return only because they have doubts that the customer received the cheaper item and are concerned that they are just after a £54 discount. In this case a return is likely to be the only option.

KatrinaWaves

That is a possibility, as Bris posted this as well. I guess I never thought of that one! You think maybe pictures would suffice?With a newspaper and her phone open with their messages in the background :rotfl: