Am I entitled to a full refund when buying an item in an online sale? (UK company)

theonlywayisup · 8 September 2019 at 9:38PM

dishwell21 wrote: »

1. Yes it is still open. I just replied to them now informing them of the Consumer Contracts Regulations 2013 act and demanded a full refund. I guess if they ignore that I will escalate the case to paypal?

2. Not sure I understand your question, I returned it as it didn't fit and bad quality.

3. Yes I do.

Paypal disputes don't care for legislation as such.

Hopefully the reason you gave for opening the case as "bad quality" as Paypal don't support you in change of mind cases (doesn't fit comes under change of mind usually).

If you have the case open you are given deadlines. There will be a timeline by which you can escalate. Assuming you opened it under "significantly not as described" and quoted it as "bad quality" then you should escalate and Paypal will rule in your favour. Paypal will tell you to return it at your expense, via an online trackable means (to prove delivery), then they will refund your original payment.

At what stage is your case? Is it escalated or just open?

hollydays · 8 September 2019 at 10:35PM

mije1983 wrote: »

I would thank them for reminding you of their policy, and in turn remind them of their legal obligations as an online distance seller. Their policy cannot dilute your statutory rights and you are already overdue your refund.

If you have no luck with PayPal, I'd just send them a LBA (the company not PayPal). Their FAQs regarding returns are also in breach of the CCRs.

As a side note, this one statement would have put me off them!If you're exchanging for a different item we will charge for any cost increase but we do not cover any cost decrease.

Agreed. Hopefully people will find this thread through google about
https://www.sonofzeus.co.uk .

This also!

If the Customer establishes that any of the goods are defective The Company shall, at its option replace them with similar goods or allow the Customer credit for their invoice value.

Seems like they are making the law up as they go along.
Do not allow this company to scam you.

mije1983 · 8 September 2019 at 11:00PM

dishwell21 wrote: »

UPDATE: The company just responded to me with this:

"That only applies to full priced goods. Not for sale items which comes down to store policy. Also you have said in the case it is due to item not as described however now you are stating this is a fit issue."

Seems to be totally ignoring the fact that sale items also apply to the Consumer Contracts Regulations 2013...

Yes www.sonofzeus.co.uk clearly have no idea of their legal obligations. Or they just don't care! The unfortunate thing is I bet they have swindled countless people with this illegal garbage.

Just like their argument of sale v full price goods, the reason for your return is also immaterial under the regulations.

waamo · 8 September 2019 at 11:34PM

I often find that companies with poor quality terms and conditions sell poor quality goods. In fact there seems to be a significant correlation.

https://sonofzeus.co.uk seem to have about the worst terms and conditions around. I suspect the quality of goods probably matches.

unholyangel · 9 September 2019 at 5:49AM

You could try reminding them that misleading consumers about their rights can amount to a criminal offence and also that any terms that restrict or remove your rights are blacklisted as unfair terms.

You could also tell them that the CCRs specifically state which contracts are exempt - both from the regulations themselves and also those that are excluded from the right to cancel - and sale goods do not feature anywhere in the CCRs, let alone as an exemption to your right to cancel.

I wouldn't hold out much hope though given their first response and I'd forward those messages you've received on to the businesses local trading standards office (you may need to go via citizens advice to do this as many TS offices no longer deal with members of the public).

dishwell21 · 10 September 2019 at 9:39PM

UPDATE: Paypal closed the dispute in my favor and refunded the full amount. Thanks for all the advice guys and take note of this topic for any future online shopping you do.

mije1983 · 10 September 2019 at 10:10PM

dishwell21 wrote: »

UPDATE: Paypal closed the dispute in my favor and refunded the full amount. Thanks for all the advice guys and take note of this topic for any future online shopping you do.

Thanks for coming back to update, most people don't even bother! It will definitely help others who come across this dodgy site or particular problem.