Returned items, store refusing refund - only store credit (Saint + Sofia) - consumer rights?

bluep
bluep Posts: 1,302 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 11 August 2021 at 6:59PM in Consumer rights
Ordered two pairs of trousers from Saint + Sofia - clicked through from facebook and there was no indication that they were "summer sale" items (the price was less than normal retail price but lots of websites do that).

Trousers were cheap, badly stiched and the pockets stood out.  Plus the sizing wasn't accurate.

I went on their website and was firstly surprised to find out their advertised "free returns" was actually only if you wanted store credit or to change sizes.  Ok. I'll pay for return then...
Website also said - 28 days guarenteed refund.   I didn't see the small print way way down that said you needed to tell them within 14 days and then return within 14 days or it would only be a store credit. 

I registered on their site for a return (this was 9 days after the goods arrived) and they sent an email accepting the return with NO instruction for a time limit to return.  It did say that summer sale items are only eligible for store credit (getting the common theme here?) within 14 days but I thought that's ok, because neither my invoice or the webpage for item said anything about it being a summer sale item...and the website said 28 days return.

I then had to isolate due to a covid ping and so sent the items on day 25 after their arrival on a 48 hour tracked service.  Royal Mail tried to deliver to their returns address on Monday (28th day) and was finally successful on Tuesday (29th day).  Company processed return on Weds (30th day) and emailed me saying they'd received it 32 days after the order and therefore would not refund - I could only have a store credit (that again...).

I look on the internet and see a depressingly large number of similar reviews....store credit...store credit....store credit....

The only reviews that have been successful in getting a refund rather than credit are those who have pointed out legal stuff around distance selling etc... So can anyone help with where I am in terms of consumer rights?

I paid via cc via paypal and have raised a dispute through them on the basis that the goods were not the quality described as well as returned within 28 days of receipt and not been refunded.  But I would like to bolster the discussions with anything further I can that suppost my case as I suspect their customer services are going to be like teflon.  Their sales items policy of only store credit seems in contravention of the distance selling regs for starters - is that right?

Comments

  • Diamandis
    Diamandis Posts: 881 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    The distance selling regulations give you 14 days to cancel and another 14 days to return. Seems like you were out of this window.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Diamandis said:
    The distance selling regulations give you 14 days to cancel and another 14 days to return. Seems like you were out of this window.
    The DSR ceased to be in 2014 and were replaced with the Consumer Contracts Regulations. That said the 14+14 day rules are broadly unchanged so the OP was out of time on the return for change of mind.  If they were rejecting the goods based on not as described, quality etc rather than change of mind then the timescales are different however its harder to argue something is substandard rather than definitively damaged
  • The website terms and conditions appear to state you have 7 days to cancel your contract. 

    As such the OP had 1 year and 14 days, beginning the day after delivery, to cancel their contract.
    In the game of chess you can never let your adversary see your pieces
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