Online retailer will not issue refund

bpwa1

Hi all,

Just after some advice on this:

Purchased a product online using a credit card, turns out the size didn't fit me so returned the product. 

I used a 48 hour RM tracked service, and tracking states it has been delivered successfully.

Now the retailer is refusing a refund as they cannot locate the return and requests information on who signed for the delivery. I believe RM 48 hour tracked doesn't require signature. I tried calling RM customer service but their lines ring out due to reduced staff.

Where do I stand on this? 
Many thanks! 

DoaM

All you have to do (per change of  mind returns for online purchases) is 1) notify the seller within 14 days of receipt, and 2) return the product within 14 days of notifying the seller. The seller's obligation is then to refund within 14 days of being notified of the return (i.e. the consumer's step 1) ... there is no requirement in law for the goods to have been received by the seller before they make the refund.

As you have a tracked return (to the correct address?) then raise a claim with your card provider - either chargeback if the cost was £100 or less, or Section 75 if it was >£100.

bpwa1

DoaM said:

All you have to do (per change of  mind returns for online purchases) is 1) notify the seller within 14 days of receipt, and 2) return the product within 14 days of notifying the seller. The seller's obligation is then to refund within 14 days of being notified of the return (i.e. the consumer's step 1) ... there is no requirement in law for the goods to have been received by the seller before they make the refund.

As you have a tracked return (to the correct address?) then raise a claim with your card provider - either chargeback if the cost was £100 or less, or Section 75 if it was >£100.

Thank you, yes I followed all of the above steps but ideally wanted to avoid the hassle of going through section 75 with credit card company.
Do you happen to have a link regarding the part about there is no requirement by law for the goods to have been received by the seller before they make the refund? Because if this was the case sellers must lose / not receive so much inventory?

DoaM

The law saying something, and then the consumer enforcing it, are two separate things. Sellers get away with it because they rarely get called to account about it.

Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 refer.

the_lunatic_is_in_my_head

The above is pretty much correct, they are obligated to refund within 14 days of receiving the goods back or the consumer providing evidence of having sent them back. 

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

The goods should be returned as below:

http://www.legislation.gov.uk/uksi/2013/3134/regulation/35/made

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

bpwa1

DoaM said:

The law saying something, and then the consumer enforcing it, are two separate things. Sellers get away with it because they rarely get called to account about it.

Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 refer.

So they came back with this? Not sure I have any other option than reclaim through credit card now. I've used a fully tracked RM delivery service which states it was delivered...

You are under the jurisdiction of our customer policy once you have entered a legal contractual agreement.
We as the proprietor chooses if the evidence provided suffices the requirement of return.

The customer must ensure that the item is received by the proprietor, without verification of this we are not able to confirm we have received this item.

mattyprice4004

DoaM said:

The law saying something, and then the consumer enforcing it, are two separate things. Sellers get away with it because they rarely get called to account about it.

Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 refer.

To be fair it's a ridiculous piece of legislation - I wouldn't refund until I had an item back, however of course if the customer has proof of delivery I'd assume the issue was on my end and I'd refund. 

I definitely wouldn't just refund on the customer's word that they'd posted it.

DoaM

mattyprice4004 said:

DoaM said:

The law saying something, and then the consumer enforcing it, are two separate things. Sellers get away with it because they rarely get called to account about it.

Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 refer.

To be fair it's a ridiculous piece of legislation - I wouldn't refund until I had an item back, however of course if the customer has proof of delivery I'd assume the issue was on my end and I'd refund. 

I definitely wouldn't just refund on the customer's word that they'd posted it.

The OP does ... they used RM 48 hour tracked, and this shows as delivered.

OP - raise a claim with your card provider (S75 if price paid was >£100) as the seller is illegally withholding your refund.

waamo

Is this a UK based website? If it is they appear to have a poor grasp of the English language.

bpwa1

DoaM said:

mattyprice4004 said:

DoaM said:

The law saying something, and then the consumer enforcing it, are two separate things. Sellers get away with it because they rarely get called to account about it.

Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 refer.

To be fair it's a ridiculous piece of legislation - I wouldn't refund until I had an item back, however of course if the customer has proof of delivery I'd assume the issue was on my end and I'd refund. 

I definitely wouldn't just refund on the customer's word that they'd posted it.

The OP does ... they used RM 48 hour tracked, and this shows as delivered.

OP - raise a claim with your card provider (S75 if price paid was >£100) as the seller is illegally withholding your refund.

Yes, I think that will be for the best as they won't budge, thanks