Online retailer refusing refund

pinkpiglit

I bought a pair of shoes from a small online shop (not eBay). They are too big and I want to exchange for a smaller size, or get a refund.

Seller is claiming they do not offer refunds or exchanges saying it's part of their T&C's and stated on their website.

I've pointed out the distance selling regs and directed them here: https://www.gov.uk/accepting-returns-and-giving-refunds

At the moment I'm giving them the benefit of the doubt and that they didn't understand the law. However if they still refuse, can someone please advise the right way of getting a refund? I paid via PayPal and want to make sure I follow the correct process.

Thanks in advance

soolin

Was the site a U.K. Registered site with a UK address?

pinkpiglit

soolin wrote: »

Was the site a U.K. Registered site with a UK address?

Yes UK based and the company is registered with Companies House. It really is just a one person company which I guess is why they are refusing.

pinkpiglit

No word from the retailer as yet since I advised them yesterday of their legal obligations. I'm going to send them a chaser email tomorrow.

I don't know if it matters, but I contacted them via email, not through PayPal.

In the meantime I've looked at PayPal and assume I would need to select "I have a billing issue" if they continue to ignore me?

Can anyone advise if that is correct?

soolin

pinkpiglit wrote: »

No word from the retailer as yet since I advised them yesterday of their legal obligations. I'm going to send them a chaser email tomorrow.

I don't know if it matters, but I contacted them via email, not through PayPal.

In the meantime I've looked at PayPal and assume I would need to select "I have a billing issue" if they continue to ignore me?

Can anyone advise if that is correct?

I think 'billing issue' is the American term to claim fraudulent use of a card, which is not correct and if you do go down the route of saying you basically were hacked then it could get nasty.

PayPal only cover items not received or items not as described, I am not sure how they enforce a claim for a change of mind return. You may find you need to go to small claims to enforce your legal rights. However, if you funded your PayPal payment via a card a phone call to your bank might be worth trying, see if they can assist in obtaining your legal rights- I'm not sure though if I'm on the wrong track entirely.

Lastly, assuming you do get the company to accept your right to a change of mind refund, remember when you send them back to ensure you use a fully tracked and insured service in case company try and deny receipt.

pinkpiglit

Thanks Soolin.

It's not a huge amount of money, so not worth pursuing via small claims. It's more the principal of the matter that I'm miffed about. If they've set up an online shop then they need to know their obligations.

I did fund PayPal via a CC so that could be an option.

I will pop back and report once it's been resolved, what ever that "resolution's might be.

shaun_from_Africa

pinkpiglit wrote: »

I did fund PayPal via a CC so that could be an option.

This is one downside with taking that route.


What happens is that you contact your card issuer and if they agree with you, they reclaim the money from Paypal and give it back to you.
Paypal don't always like this happening and there have been quite a few reports on here of them closing peoples accounts following this so it's possible that you may get your money back and then lose your Paypal account.

mgdavid

If you feel they've broken the distance selling regulations I think you can escalate via the council Trading Standards office local to the seller. Worth giving them a call for advice?

pinkpiglit

Quick update in case anyone is interested.

Retailer has seen the light and will be exchanging for a smaller size (also offered a refund if I preferred).

Think they felt a bit guilty or worried I would think v negatively, as they also offered to pay all postage fees and give me a voucher for my next purchase. Whilst I thought that was jolly nice of them, all I wanted was either a refund or smaller size, so I've told them I'll send back at my own cost as they are not faulty.

All this has yet to happen and I'm off to the post office tomorrow to send them back. However, it's a good outcome !

snapdoodle

OP glad you got sorted. Some helpful advice on here which I've utilised for a similar issue I'm having.