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

custardy

kazzyb123 said:

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

Please make sure you use a service that covers the value of the dresses

Sandtree

kazzyb123 said:

 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

You should give her time to process the return before attempting a chargeback.

Why does it happen? For small companies, anyone tomorrow could set themselves up a an online shop; there is no mandatory training, no licensing etc etc. Even if you've been going for a while there is no monthly mailshot of the laws that are changing etc. Most dont have a lawyer on retainer to advise them. You see the adverts for small businesses on TV with the person being the CEO and the receptionist etc because they're a one man band and so they have to know a little about everything. 

The reality is you're spread very thin and you do miss things. Obviously some just dont agree with the law and so attempt to ignore it... certain fast fashion brands have return rates of over 50% (instore is supposedly around 8%) so you can see how that'd be painful for a small business! Having done customer service for mail order (pre the days of online shopping) customers try it on all the time too... I remember a woman trying to return a 3 year old pair of £10 shoe because they'd worn out and a long debate with her as she said her statutory right was for a full refund on anything that doesnt last 6 years if she can produce the receipt (I just wondered how many receipts she must have if the £10 shoes ones are being kept)

kazzyb123

Sandtree said:

kazzyb123 said:

 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

You should give her time to process the return before attempting a chargeback.

Why does it happen? For small companies, anyone tomorrow could set themselves up a an online shop; there is no mandatory training, no licensing etc etc. Even if you've been going for a while there is no monthly mailshot of the laws that are changing etc. Most dont have a lawyer on retainer to advise them. You see the adverts for small businesses on TV with the person being the CEO and the receptionist etc because they're a one man band and so they have to know a little about everything. 

The reality is you're spread very thin and you do miss things. Obviously some just dont agree with the law and so attempt to ignore it... certain fast fashion brands have return rates of over 50% (instore is supposedly around 8%) so you can see how that'd be painful for a small business! Having done customer service for mail order (pre the days of online shopping) customers try it on all the time too... I remember a woman trying to return a 3 year old pair of £10 shoe because they'd worn out and a long debate with her as she said her statutory right was for a full refund on anything that doesnt last 6 years if she can produce the receipt (I just wondered how many receipts she must have if the £10 shoes ones are being kept)

I understand that, it is one lady selling clothes from a website. Surely after looking it up she would realise she should offer the refund and just do it, I did when I sold online. It’s not that she doesn’t know, she just says that her terms and conditions mean she doesn’t have to. She is accepting items for exchange so it’s not that she’s worried about things being worn (which they haven’t been). She’s been in business for over a year, I can’t be the first to ask. Anyway, I’m returning them now. Do I need to wait 14 days before starting a chargeback.?

Sandtree

14 days would be reasonable 

aromaannie

kazzyb123 said:

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

yes she has to pay the return costs too if there is No mention on her website of it being the buyers responsibility 

born_again

Sandtree said:

14 days would be reasonable 

As far as Visa go it's 15 days from knowing retailer has received goods. Proof of receipt will be required. Proof of posting is not good enough, for a chargeback.

But what is the website? As it seems to have moved from London to Kent... I wonder if it is just a seller of Chinese fashion tat.

Sandtree

born_again said:

Proof of receipt will be required. Proof of posting is not good enough, for a chargeback.

So the vendor can frustrate the process by refusing to accept delivery?

born_again

Sandtree said:

born_again said:

Proof of receipt will be required. Proof of posting is not good enough, for a chargeback.

So the vendor can frustrate the process by refusing to accept delivery?

As far as a chargeback. Yes.
But remember these are over and above your legal rights. Based solely on card providers regulations. 

Supersonos

kazzyb123 said:

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? 

I had a similar situation.  No amount of pointing the seller to my statutory rights made them change their mind - they simply wouldn't accept a return for a refund.

Ultimately it went all the way to small claims court.  The seller even enlisted a lawyer who sent me threatening letters saying I should drop the case as I'd be paying their £1,200 legal bill when I lost, even though you can't do that in the small claims track.  

You need to stand up for your rights!

Sandtree

born_again said:

Sandtree said:

born_again said:

Proof of receipt will be required. Proof of posting is not good enough, for a chargeback.

So the vendor can frustrate the process by refusing to accept delivery?

As far as a chargeback. Yes.
But remember these are over and above your legal rights. Based solely on card providers regulations. 

But the system is increasingly expecting you to go through such options before resorting to court etc.