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ModiBodi wont Refund. What are my rights?

Hello

I bought a bundle of period pants via Modibodi's website using my credit card. They have arrived and I'm really not satisfied with the quality compared to the Thinx brand I already own, I will not wear them, they are made from cheap synthetic material and are bulky. I have not worn them because I didn't want to be unhygienic and wanted to return for a refund, I only opened one pair of knickers.

 I have looked online and they say this about refunding 

"If you have purchased a bundle pack, you will be unable to receive a refund for these items as they are discounted items, so the sale is final unless the items are faulty.

However, you may return any items from the bundle pack for store credit within 30 days of receiving your order provided the original packaging is intact and unopened.

 As a first time customer, we will refund one pair of worn underpants from the Bundle Packs under our 30 Day Risk-Free Trial Policy."

I have emailed them but I've not received a response back, I spend a lot of money, Over £100, and I would really like a full refund. I've not worn them and only opened 1 out of 5 pairs of pants. It was not clear when I bought the pants that they would not be refundable.

What are my rights when they respond and say I cannot get a refund?

Thank you in advance!

May 2020 Wins - Pen, Old Speckled Hen,

Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It looks like they are an Australian company so you would have to look into Aus consumer rights laws to find out if you have any rights or not.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 May 2020 at 7:14PM
    Fosterdog said:
    It looks like they are an Australian company so you would have to look into Aus consumer rights laws to find out if you have any rights or not.
    They are an Australian company but they also have a limited company in the UK:
    https://beta.companieshouse.gov.uk/company/11243103
    and as their website states that orders placed in the UK are shipped from their warehouse in the UK, there is a good bet that it's the UK reg business that deals with it especially at the bottom of the Modibodi.co.uk website it states "Modibodi UK"
  • CompKB
    CompKB Posts: 66 Forumite
    10 Posts Name Dropper Photogenic
    Am I legally entitled to a full refund or can they get away with giving me store credit?

    I know I wont be buying any of their products so I really don't want store credit.
    May 2020 Wins - Pen, Old Speckled Hen,
  • CompKB
    CompKB Posts: 66 Forumite
    10 Posts Name Dropper Photogenic
    Just to update everyone.

    Over the past few days, I've been back and forth with the company, them telling me that they will only offer me store credit etc. I used Martins guide and was able to write a persuasive email including the phrases
    "According to The Consumer rights act 2015 section 9"
    and
    "I will not hesitate to pursue this further legally."

    They came straight back saying "Ofcourse" they can offer me a refund etc. So thank you, everyone, for your help, and thank you Martin for your guide. Otherwise, I would have ended up with over £100 store credit for a store I would never use!
    May 2020 Wins - Pen, Old Speckled Hen,
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