Misleading Returns Note = No Refund

Harley9002

Hello,
I placed an order online with a well known clothing website. Their returns note advised the following:


“Items can be returned in their original condition within 45 days of receiving your order for FREE! See website for more info. Exchanges only apply for the same item in a different size/colour."


Their returns note used to advise 28 days for free returns so automatically read this as they have extended it. I had ordered a second order from them so waited for this so I could return them both in one go, otherwise I would have retuned a lot sooner.


After chasing my refund, it turns out that after the 28 days, it is gift card only. I am so upset as it is £240.

I contacted them to say that their wording on the delivery note was misleading, but their response was that they contacted customers earlier this year to advise of their returns policy and information is online. To me, this information should be clearly stated on the returns note? Am I in the wrong here? I feel like I have been mislead but also feeling very sorry for myself!

Sorry for the lengthy post!

gettingtheresometime

Can you give the name of the website so others can offer an option?

Harley9002

It’s ASOS

dj1471

The returns note is irrelevant. What did the T&Cs of sale say when you read and accepted them at the time of purchase?

The retailer is allowed to apply whatever terms they want to change of mind returns outside of the statutory period.

unholyangel

dj1471 wrote: »

The returns note is irrelevant. What did the T&Cs of sale say when you read and accepted them at the time of purchase?

The retailer is allowed to apply whatever terms they want to change of mind returns outside of the statutory period.

However they do need to inform you of your rights under the CCRs in a durable medium (website is not durable). And if they didn't supply that information then the right to cancel would be extended to either 14 days starting the day after the information was supplied or 1 year and 14 days if they never supply the information.

gettingtheresometime

I can see why you may have thought you had 45 days to return the items & get a refund (I downloaded their blank delivery note) but it does say on the delivery note to see the website for more details.

It does state on the website that anything after 28 days will be refunded as a credit to your account.

I would be tempted to ring them again saying that it's misleading & when they say they informed customers earlier in the year ask how new customers would be informed.

Harley9002

unholyangel wrote: »

However they do need to inform you of your rights under the CCRs in a durable medium (website is not durable). And if they didn't supply that information then the right to cancel would be extended to either 14 days starting the day after the information was supplied or 1 year and 14 days if they never supply the information.

They advised they emailed their customers and the info is on the website.
So should the information been provided via letter or on the returns/delivery note? I think either way not much help as I returned the goods just short of 45 days.. not 14

elsien

If it says see the website for more information that's what needs to be done. The information you've posted just says items can be returned free, not if/how the money will be refunded. It could be ambiguous but the ambiguity is clear (if that makes sense) so should prompt people to check further.