Online Retailer only offering credit note as its’s their policy for sale

liv2909

Is it going against distance seller rights if an online retailer is telling me that their policy on sale means I’m only entitled to a credit note? 

I purchased 3 pairs of sports leggings in a 3 for 2 on sale offer thinking I’d be able to get my money back. I returned the leggings straight away as I wasn’t impressed by the quality even for the sale price. I had no confirmation they’d received my returned goods until I contacted them to ask if they received a week later. They said that they had, and would issue my refund when it had been processed their end (no mention at this point of only issuing credit notes on sale). 6 days later they contacted me again to say because I had purchased in the 3 for 2 sale offer it fell under their sale policy. I thought if you were buying online, regardless of sale, you are entitled to a full refund if the good are returned in 14 days? 

neilmcl

You are correct, any refund should be in the same method you paid for the items, sale or no sale.

liv2909

The company have now stopped replying to my emails, how do I escalate this further? 

Money_Grabber13579

Who is the company? Is it a UK company or one which is operating under the laws of England and Wales etc?

liv2909

Money_Grabber13579 said:

Who is the company? Is it a UK company or one which is operating under the laws of England and Wales etc?

They are called Pocket Sport and they are based in London. I’m not entirely sure who’s laws they operate under but I can see they ship globally…

flashg67

looks like they have a registered uk company number & address - 'Pocket Sport. Company registration number 08051431. 43 Wandsworth Bridge Road, SW62TB.'
You could try trading standards, or go it alone and try a letter before action then money claim online - depends how much time/hassle you want to spend on it I guess!

GrumpyDil

Their site leaves a bit to be desired. Do they mention anywhere on the site about your statutory right to return goods, rather than your contractual rights as I can't find any reference to it. 

OP as above depends upon the value of the goods but I would write to them and explain that the goods were returned under your statutory right to return and as such you are entitled to a full refund. 

Explain that you are giving them 14 days to action this or will commence a small claims action against them. 

liv2909

GrumpyDil said:

Their site leaves a bit to be desired. Do they mention anywhere on the site about your statutory right to return goods, rather than your contractual rights as I can't find any reference to it. 

OP as above depends upon the value of the goods but I would write to them and explain that the goods were returned under your statutory right to return and as such you are entitled to a full refund. 

Explain that you are giving them 14 days to action this or will commence a small claims action against them. 

No, I can’t see any reference to statutory rights or any mention of following distance selling law on their site either. It’s as if they’ve just decided to write their own policy and completely disregard consumer rights. 

Thanks for the above advice. I did wonder if getting my bank involved and asking them to investigate/ start a chargeback would be the quicker action? 

It’s not a small amount of money they owe so I’m not giving up yet/ I don’t want other people to be stuck in my situation! 

Manxman_in_exile

AIUI you can cancel any distance contract within 14 days.  You need to quote s 29 and s 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to them.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

The thing to point out to them is that this legislation (and you may need to point out to them that this is a LAW passed by parliament to protect consumers) does not say anything about not applying to sales - so it most certainly does apply to sales despite what Pocket Sports might think.

You can also tell them that the law also says that they must refund you within 14 days of you informing them that you are going to cancel the distance sale.

Tell them that if they haven't refunded you within 14 days you will sue them.

(Note that if they did not provide you with information about your right to cancel - which they obviously didn't - in a permanaent and durable form, then the period during which you have the right to cancel is extended under s 31 of the same Act by up to a year... )

[Edit:  I'm assuming they are a UK company - although I'm always a bit suspicious of online retailers who give you a choice of currency... ]

Manxman_in_exile

Further to above, does anyone know if Pocket Sports are actually committing a criminal offence by saying that they won't refund on sales items?  I'm sure I've seen that discussed here on a couple of occasions but can't remember what was said.

Jenni_D

How did you pay? If they don't refund in 14 days (assuming you follow the good advice  above) then you could do a chargeback if you paid by debit card. This should be quicker and easier than a court claim.