Can this online shop refuse a refund?

jon81uk

neilmcl said:

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."

They also say "Miista allows the return of full priced goods within 14 days from the day you bought it on miista.com."  and "All items bought in Miista Promotions, Miista Sales or Outlet can be exchanged for another item or online credit within 28 days but not refunded. "

I therefore assume the OP bought a sale or outlet item. But my understanding of the Consumer Rights legislation is that they can't do this and must still refund items bought online even if they are in the sale.

Nndh1

Thank you so much for the advice. If you see their returns policy https://miista.com/terms-and-conditions/ it states right at the bottom of the page exchange only on sale items. 'All items bought in Miista Promotions, Miista Sales or Outlet can be exchanged for another item or online credit within 28 days but not refunded'. However I though the way in which the page was laid out that the *Covid 19 Update over rid their usual returns policy. I wrote to them saying this and that it was misleading but they wouldnt back down which is when I turned to paypal who also didnt support me in this.

So even though they state this on their website are they breaking long distance selling? Am I entitled to a refund or exchange only please?

Nndh1

jon81uk said:

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.

This is what I thought. I am shocked paypal didnt support me in this when they appear to be breaking the law.

Nndh1

neilmcl said:

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."

Its right down at the very bottom of the page but the way in which the page is laid out leads you to believe the covid 19 update over rides previous terms IMO.

Nndh1

It seems from the advice I am receiving they are breaking the UK law.

So now i guess i need to ask for advice on how I go about this? Do i write to them saying they are breaking the law or is that likely to be ignored anyway?

JJ_Egan

Try a LBA letter before action  , google for templates .

Nndh1

Hi,
I would prefer to not have to go down that route if i can help it as to be honest i have enough stress at the minute, iIwould hope that would be a last resort. I know no one can say how they will react but any other ideas on how to approach this? Is it best i send an email stating they are breaking the law? Is there such a template for this kind of letter? Formal but not court action at this stage. Has anyone else ever tried this and got anywhere at all?

Nndh1

I've written a brief letter to try appeal to their better nature (for what it's worth) but would anyone be kind enough to help me out with the correct wording to say they are breaking the law of long distance selling under section ???? of the consumer rights act.  blah blah blah....

something along those lines anyway....I know what I've written there is probably laughable but just so you get the idea of which bit i need help with please  to make sure what i'm saying is correct and up to date with current long distance selling. Many thanks