Website clothing purchase refusing refund only offering exchange - what to do next

kazzyb123

Hi,

I ordered two dresses from a website which is for a boutique based in London. Neither are wanted so I contacted them for a return. She says she only offers exchanges or credit notes but the quality wasn't great so I wanted a refund. She is refusing and saying its clearly show in the T&C's on the website. I thought that online bsuinesses HAD to give refunds (I used to sell online and I had to). I copied and pasted this from the gov.uk website and she is still refusing. Isn't this illegal? If so what can I do next?

Thanks.

Sandtree

How quickly after receiving them did you inform them of the intent to cancel? 
Whilst they have a boutique in London is the website also based in the UK?

You have 14 days to cancel an online order for a refund on a "no questions asked" type basis

kazzyb123

Hi, it is within 14 days, I orderedit on the 19/5, post mark says 19/5 so I would have recived them on 20 th or 21st. I contacted her about a refund on 24/5. Its an online boutique based in Kent with a .co.uk website.

Sandtree

There are many articles from the likes of Which? and the CAB that you could point her to such as https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought 

Ultimately you need to return the items, get a certificate of sending if you do it by Royal Mail. If she doesnt refund the monies within a reasonable timeframe then it may be worth raising the matter with your card issuer/paypal etc depending on how you paid for the goods.

Murphybear

I remember a saying in one business I was in “statute overrides contract”.  If the business is based in the U.K. then she can say what she likes but cannot deny you a refund.  

kazzyb123

Murphybear said:

I remember a saying in one business I was in “statute overrides contract”.  If the business is based in the U.K. then she can say what she likes but cannot deny you a refund.  

Oh good, I'm glad I got it right, I was doubting myself.

kazzyb123

Sandtree said:

There are many articles from the likes of Which? and the CAB that you could point her to such as https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought 

Ultimately you need to return the items, get a certificate of sending if you do it by Royal Mail. If she doesnt refund the monies within a reasonable timeframe then it may be worth raising the matter with your card issuer/paypal etc depending on how you paid for the goods.

Thanks, I will return them tomorrow with proof of postage. Is contacting the bank easiest or should I contact someone like tradin standards or both? Thanks

pbartlett

contact your card company and ask for a chargeback. If you paid by credit card and they refuse a chargeback then raise a section 75 claim as the credit card company is jointly liable (assuming each item costs over £100)

Sandtree

kazzyb123 said:
Thanks, I will return them tomorrow with proof of postage. Is contacting the bank easiest or should I contact someone like tradin standards or both? Thanks

Assuming you didnt pay via PayPal then contacting your card issuer will get the monies back quicker as they will do a charge back.

Trading Standards dont take complaints direct from consumers any more but will tell you to speak to CAB and CAB will pass it to TS if they feel it warrants it... TS was mainly about protecting potential future customers rather than helping on individual cases. CAB will give you advice about chargebacks, PayPal Disputes, Letter Before Action if you paid by bank transfer etc.

kazzyb123

thanks everyone, will try the bank chargeback

kazzyb123

She is still saying it’s my fault because I didn’t check the terms and conditions. I’ve put a letter in with the parcel asking for a refund under the 14 day cooling off period for online sales. I think I will have to go through the bank though. Why do people do this when it’s quite clear they are wrong? There wasn’t anything about return postage costs in the T&C s so I’ve asked her to refund that too, am I right about that? 

I’ve got copies of the emails and a copy of the letter do I need anything else? I’ve even taken photos of the items in case she says they were damaged