Boux Avenue refused refund

Janyf

I sent back an item which didn’t fit properly and the returns department claim there is a mark on it. I definitely did not put any mark on the Ivory pjs so can only suggest someone in returns has and is trying to blame me. The item is £45 and I’ve written twice to customer services and been given this same reason for no refund and they’ve threatened to send the item back to me and said there was a photo attached but there wasn’t. I’ve said I want my email forwarded to a manager and this decision overturned because I am certain I returned the item the next day in excellent condition and have never been treated so badly in all my years of online shopping. This has been going on since January now and I’ve had no response to my 3rd email. Where do I go next with this please? 

pinkshoes

How did you pay?

visidigi

Janyf said:

I sent back an item which didn’t fit properly and the returns department claim there is a mark on it. I definitely did not put any mark on the Ivory pjs so can only suggest someone in returns has and is trying to blame me. The item is £45 and I’ve written twice to customer services and been given this same reason for no refund and they’ve threatened to send the item back to me and said there was a photo attached but there wasn’t. I’ve said I want my email forwarded to a manager and this decision overturned because I am certain I returned the item the next day in excellent condition and have never been treated so badly in all my years of online shopping. This has been going on since January now and I’ve had no response to my 3rd email. Where do I go next with this please? 

Accusing them of doing it probably might go some way to explaining why you aren't getting a response. I would calmly, constructively and positively ask them to resend the proof of the mark.

It could have been you, it could have been the courier, it could have been them - but no matter what you say you can't provide it wasn't, they can't provide it was and you're speculating without seeing what it is causing the dispute.

Janyf

Thank you very much for your reply. I did ask them for the photo they claimed to attach and for my email to be forwarded on to a manager when their response said the decision would not be overturned, that was 6 days ago but silence since. In my original email I did not mention that I’d seen this had happened to other customers or accuse them of anything. I think the longer it goes on the harder it is and especially as nothing has been heard from them in almost a week now.  

Janyf

I paid via PayPal : thanks 

the_lunatic_is_in_my_head

Their website doesn't mention anything that I can see about cancelling your contract so you would have to read any information given by email (excluding links) or on the paperwork with the goods to see if they have provided the correct information regarding cancelling your contact and them applying a deduction for diminished value. 

I do wonder if by using their free returns service whether you would be returning the order under their returns policy rather than cancelling the contract? 

Janyf

That’s a good point; they threatened to send back the item they describe as ‘unsellable’ but that was more than a week ago and nothing yet. Thank you.

sheramber

the_lunatic_is_in_my_head said:

Their website doesn't mention anything that I can see about cancelling your contract so you would have to read any information given by email (excluding links) or on the paperwork with the goods to see if they have provided the correct information regarding cancelling your contact and them applying a deduction for diminished value. 

I do wonder if by using their free returns service whether you would be returning the order under their returns policy rather than cancelling the contract? 

What contract?
the OP returned a purchase  she no longer wanted within the the 28 days stated ion the website.

Janyf

Yes I feel that I am entitled to a full refund for the item. It is very frustrating that I am receiving silence from them since I’ve refused to accept this situation. 

williamsl5

Boux Avenue are a nightmare
I ordered some pyjamas which took ages to arrive. I put them away for a few months, wore them once, washed them and they fell apart
Boux Avenue said they couldn't do anything as it was outside of 6 months. The date of me ordering was but as they took so long to arrive, I hadn't had them for 6 months.
I have never shopped there again - such bad quality for the price you pay. 

the_lunatic_is_in_my_head

sheramber said:

the_lunatic_is_in_my_head said:

Their website doesn't mention anything that I can see about cancelling your contract so you would have to read any information given by email (excluding links) or on the paperwork with the goods to see if they have provided the correct information regarding cancelling your contact and them applying a deduction for diminished value. 

I do wonder if by using their free returns service whether you would be returning the order under their returns policy rather than cancelling the contract? 

What contract?
the OP returned a purchase  she no longer wanted within the the 28 days stated ion the website.

The OP has a contract with the retailer for the goods they purchased. 

The retailer has their own return policy which can include any fair terms they wish and is in addition to consumer rights. 

Consumer rights have different requirements to the retailers return policy. 

If the OP is exercising their consumer rights to cancel the contract for the goods the retailer can't refuse a request to cancel the contract (with exceptions) yet may impose a reduction up to the full contract value for diminished value due to excessive handling. 

In order to impose this reduction the retailer must provide certain information, at a glance I can't see this information presented on their website, I also can't see what information the OP received by email or on paper with the goods. 

If the retailer hasn't provided the required information the condition of the goods is irrelevant. 

If the OP notified the retailer of their intent to cancel and returned the goods in accordance with the regulations the above comes in to play.

The question is whether by using their free returns service, as I imagine the majority will do, is the consumer still cancelling the contract or are they in fact using the retailers additional return policy?