Retailer refusing return

tangotonyb

Ordered several pairs of shoes online - tried them, didn't fit, sent email saying I needed to cancel the order and will return the goods.

Retailer has responded telling me that ONE pair of shoes, because it was on sale, is not returnable and only exchangeable for another similar pair in a different size. Note - there is no mention of this restriction on the item page, or during checkout, and the only exemption in their T&C's is for custom made items, which this is not.

I paid for the shoes via Paypal, using a American Express CC.

I've stated my position to the retailer - that I expect a full refund under the terms of the DSR.

What is my next step should they continue to refuse?

Paypal dispute?
American Express??
Or should I simply state that if they do NOT refund me, I will use the Small Claims Court to recover the money?


Oh and I would politely request anyone who doesn't have DIRECT experience of this please refrain from commenting.

Aylesbury_Duck

tangotonyb wrote: »

Ordered some shoes online - tried them, didn't fit, sent email saying I needed to cancel the order and will return the goods.

Retailer has responded telling me that ONE of the shoes, because it was on sale, is not returnable and only exchangeable for another similar shoe in a different size. Note - there is no mention of this restriction on the item page, or during checkout, and the only exemption in their T&C's is for custom made items, which this is not.

I paid for the shoes via Paypal, using a American Express CC.

I've stated my position to the retailer - that I expect a full refund under the terms of the DSR.

What is my next step should they continue to refuse?

Paypal dispute?
American Express??
Or should I simply state that if they do NOT refund me, I will use the Small Claims Court to recover the money?

You must be hopping mad.

Manxman_in_exile

What does "...ONE of the shoes..." mean?

Aylesbury_Duck

tangotonyb wrote: »

Oh for !!!!s sake - have you people nothing better to do than play word games - !!!!s!

Oh come on, if the shoe was on the other foot you'd have some fun with it.

waamo

If I were in your shoes I would start with opening a PayPal dispute. Court should always be a last resort

the_lunatic_is_in_my_head

https://www.paypal.com/uk/webapps/mpp/refunded-returns

Active this first and then go for a Paypal dispute.

KatrinaWaves

Assuming this is a UK website:

If you are going to use PP or Amex chargeback you will need to return the shows and provide proof of this through a trackable delivery method.

tangotonyb

Yes - I used PP returns to cover the return shipping costs. And yes I sent the parcel via ParcelForce so it's fully tracked.

Wasn't sure if PP dispute would cover this scenario since it's not a SNAD or Item Not Received issue.

tangotonyb

Aylesbury_Duck wrote: »

Oh come on, if the shoe was on the other foot you'd have some fun with it.

OK - I admit, that made me chuckle!

waamo

Personally I would say if they don't fit then they are not as described. If the description says "fits size x" and they don't fit size x that's significant in my book.

Regardless of that you have a duty to explore all avenues before going to court so even if it does fail you would have to have tried anyway.

DoaM

waamo wrote: »

Personally I would say if they don't fit then they are not as described. If the description says "fits size x" and they don't fit size x that's significant in my book.

Length (which is what a shoe size denotes) is not the only factor which affects "fit". Width is also a key factor, as is shape (e.g. how compressed the shape is at the toes).