Online shopping Returns policy

Helsmt

Hi. I purchased some clothing online after Christmas and decided to return the items as I didn't like them. By the time I came to return them I realised the policy stated I was only entitled to a refund if returned within 14 days. The reason I had not got round to returning them earlier was because I had tested positive for covid and was self isolating, and therefore would have been breaking the law (not to mention spreading the virus) had I left the house to go to the post office to return the items. I have sent the items back and received a gift card but I don't want a gift card I want my money back. I have tried to contact the company (AX Paris) but I just receive an automated response. I have even offered to send them proof of my covid test but I'm getting no where. Can anybody advise where I stand with this please? Most places have extended their returns policy and I don't think it's fair they are refusing to give me my money back when I was unable to leave the house for 10 days of the 14 day period. 

Sandtree

Your statutory rights were within 14 days of receipt to notify. Whilst most may hope for compassion due to covid etc the law hasnt actually been changed so merchants can stick to the legal minimum. Offering you a gift card beyond the 14 days is more than they have to do.. they could simply say no. 

This assumes you didnt notify them before actually sending the goods back. If you did notify them beforehand then confirm when this was relative to delivery.

MattMattMattUK

Helsmt said:

Hi. I purchased some clothing online after Christmas and decided to return the items as I didn't like them. By the time I came to return them I realised the policy stated I was only entitled to a refund if returned within 14 days. The reason I had not got round to returning them earlier was because I had tested positive for covid and was self isolating, and therefore would have been breaking the law (not to mention spreading the virus) had I left the house to go to the post office to return the items. I have sent the items back and received a gift card but I don't want a gift card I want my money back. I have tried to contact the company (AX Paris) but I just receive an automated response. I have even offered to send them proof of my covid test but I'm getting no where. Can anybody advise where I stand with this please? Most places have extended their returns policy and I don't think it's fair they are refusing to give me my money back when I was unable to leave the house for 10 days of the 14 day period. 

Where you stand is unfortunately where you are, they did not have to give you a refund of any kind as the 14 days period had already passed, but they have chosen to refund you to a gift card. Your rights do not change due to Covid.

George_Michael

The returns policy stated on their website isn't in compliance with UK consumer legislation:

UNWANTED ITEMS
If you are not completely satisfied with your purchase, simply return the item/s to us in their original condition with the labels attached. If you return your order within 14 days of receipt you will receive a full refund.
Any orders returned after the 14th day will be issued with a voucher upon receipt of the return for the item cost to spend on the web site. Please note gift cards are non transferable.

As the Consumer contracts regulations state that you have 14 days beginning the day after delivery to inform them of your wish to cancel then another 14 days to actually send the goods back.
As they appear to have failed to comply with their legal obligations to inform you of your rights regarding cancellation, you actually have up to 1 year and 14 days to make the return.
It might be worth contacting them again and point this out to them. It's all covered here:
Consumer Contracts Regulations (which.co.uk)

Your right to cancel

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods. 

If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.

This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.

davidmcn

Helsmt said:

I had tested positive for covid and was self isolating, and therefore would have been breaking the law (not to mention spreading the virus) had I left the house to go to the post office to return the items. 

But you could have arranged it by other methods. In any event, that's your risk, not something retailers are obliged to make allowances for.

unholyangel

Firstly, the minimum period to notify your intent to cancel is 14 days starting the day after you receive the goods. But that is only if the trader informed you of your rights (including the time limits, procedure etc for cancelling) in a durable medium. Websites are not durable. 

If they did not do this then the cancellation period is extended up to a maximum of 1 year and 14 days. 

Also, the 14 days is just the time limit for you notifying them. Once you notify them, you have 14 days starting the day after you notified them, to actually return the goods.

mattyprice4004

You could have paid 72p for Royal Mail to collect or asked a friend to do it - I've been using the former service quite a lot during lockdown.