Cannot get a refund?

allthecats

New here!

My daughter bought a pair of jeans from a store in London on a recent visit. When we got home, she realised that the jeans are faulty - the zip is broken - so she cannot wear them. I contacted the retailer but they have said that as we bought the item in store we have to return to the store. That would be fine but that was our nearest store - some 200 miles from where we actually live. The store is having none of it. I have offered to pay to send them but they are not accepting this at all. They are saying this their policy but the bottom line is the product is faulty. We have all the tags on still, have the receipt and I really feel I should be able to get a refund. Should I? 

user1977

They can't demand that you bring them back in person, posting them ought to be acceptable.

allthecats

Thanks, this is my feeling (particularly as the retailer does have an online presence so they must be geared up for this). Is there any relevant law I can send them? 

Sandtree

allthecats said:

Thanks, this is my feeling (particularly as the retailer does have an online presence so they must be geared up for this). Is there any relevant law I can send them? 

The online presence could be a totally different company and they dont want the hassle/havent setup the processes for cross charging. I've had arguments with B&Q before when buying in one shop and returning to another.

Your rights are in the CRA, its not as explicit as saying all retailers must accept returns by post or such but contains plenty of statements about reasonableness.

You could offer to attend in person if they provide a refund for the £70 train ticket as a related loss.

the_lunatic_is_in_my_head

The below covers this in that the consumer is responsible for the costs of returning the goods to the place they took physical possession.

Assuming a store can refund you in the method you paid without your presence I don't see they can refuse you to post the goods to them. 

But as highlight the trader must collect the goods unless part of the terms state the consumer must return them. It's unclear, to me anyway, whether the trader can charge the consumer for the cost of collecting the goods to restore them to where the consumer took possession. 

www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.