Can this online shop refuse a refund?

Nndh1

Hi, I could really do with some advise please.
I purchased some shoes on line approx. 3 weeks ago. When I got them they were extremely small for a size 6 (my usual size). I went to pack them back up to return and noticed on the returns slip it stated '14 days for exchange only'. I contacted them explaining they were very small for a 6 to ask if they would refund - they didnt have the larger size in stock, but confirmed an exchange only.

As they continued to refuse a refund I opened a case on Paypal (how I paid). I stated in my case the shoes were incredibly small for a size 6 and therefore not as described. The seller (shop) responded to my case that this particular shoe comes up very narrow and that they recommend sizing up in this shoe, but I should have contacted them before buying to check sizing! I am a size 6 so had no reason to think i'd need to check first? Surely it's up to them to get their sizing right or make it clear on their website they come up small. 

They still didn't offer a refund despite admitting their sizing is 'off'. 
So following this I had to wait over 2 weeks for paypal to respond to the case and I am shocked they decided the case in their favour. So not only did i miss out on 14 days to exchange because Paypal took so long to respond to the case, but decided in their favour when the company admitted their shoe sizing is wrong. I spoke to paypal just before they closed the case and the man I spoke to said they were 'as described' because they were labelled a size 6. Obviously I responded that the company admitted on paypal they fit very narrow and recommended sizing up so the size label meant nothing. He refused to acknowledge that their sizing was wrong - basically I have been sent size 5 shoes labelled size 6 and said Paypal don't cover sizing issues. The case was closed after the phone call.

Now I am over £100 down and don't know what to do. It seems wrong I am stuck with a pair of shoes which are a size to small because the companies sizing is wrong and they don't state it anywhere on the website that the fit it extremely narrow and therefore to size up.

I thought items in the sale were the same as full price and I was entitled to a 14 days for a refund as I have no way of trying on or seeing before buying? 

I would really appreciate if someone could advise what my rights are and if I have got my refund facts wrong and any advise on where to go from here please?

JJ_Egan

Uk company ?

Nndh1

They are London based.

Nndh1

Is this up to date and correct? I presume I fall in to this category? 

https://www.gov.uk/accepting-returns-and-giving-refunds

Online, mail and phone order sales

Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods are not faulty. Sales of this kind are known as ‘distance selling’.

You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.

You must refund the customer within 14 days of receiving the goods back. They do not have to provide a reason.

Yahoo_Mail

Nndh1 said:

Is this up to date and correct? I presume I fall in to this category? 

https://www.gov.uk/accepting-returns-and-giving-refunds

Online, mail and phone order sales

Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods are not faulty. Sales of this kind are known as ‘distance selling’.

You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.

You must refund the customer within 14 days of receiving the goods back. They do not have to provide a reason.

You need to establish who your contract is with. What does the order confirmation/receipt say?

And it'll be a lot easier for everyone if you just tell us who the company is, rather than drip-feeding information.

Nndh1

The contract is with the shop, i just paid through paypal. Im not trying to be difficult not saying who the company are, just not sure if its necessary to say?  They are UK based and the item was bought in the sale.  

davidmcn

Nndh1 said:

The contract is with the shop, i just paid through paypal. Im not trying to be difficult not saying who the company are, just not sure if its necessary to say?  They are UK based and the item was bought in the sale.  

It can be helpful to allow us to check, because often posters are misled by websites about which jurisdiction they're dealing with.

Nndh1

miista.com

JJ_Egan

( however, you wish to return or exchange your purchase from miista.com please note the following:
Miista allows the return of full priced goods within 14 days from the day you bought it on miista.com.

The cost of returning the item to us is your responsibility unless the item is faulty.)

That is what they say and its against the terms of UK Law

https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online

jon81uk

Their website states they do not give refunds on items bought in the sale.

However if you bought online I'm pretty sure the consumer rights act means you have the right to refund if you notify within 14 days and then return within 14 days of that. You need to pay the postage to return though.
So it sounds like their policy doesn't meet UK consumer law.

neilmcl

They're clearly a UK based company and I don't see anything about returns within 14 days are for exchange only.

https://miista.com/terms-and-conditions/

"We would like communication of notice within 14 days of receipt of goods regarding the return so we can prepare for it, but we want you to feel comfortable buying from us and we are more than happy to be flexible receiving returns during this trying time. We will of course refund as soon as we receive the returned items."