I've returned items for a refund but they are stuck at customs and the retailer won't refund me

igscott

I've ordered clothes from THE OUT, which sends items from outside the UK. No problem in receiving them.

I returned 3 items using their delivery partner (USP). This returns process is offered and arranged by them, and no cost to my. I just hand the box, labelled up, to the courier (UPS) that THE OUT organises.

Now, 3 weeks on, THE OUT claim the items are stuck in customs and UPS are dealing with it. They refuse to process a refund until they have the items. In my eyes, the items are 'with them' when UPS took receipt.

What are my rights here?

TIA.

Thrugelmir

The items are still in transit. That's the bottom line. Customs clearance can take time. 

visidigi

You have to wait.

The Out don't know if the items in the package are complete, undamaged etc. So there is no right to an advance refund in consumer right (in the UK, the rights you are under are wherever the goods have been paid for/shipped to anyway).

Olinda99

In UK you could claim items are returned when you hand them to their courier. However, if they are not a UK company you are subject to the return laws of their country.

molerat

Your rights will be according to the consumer laws of the country you purchased the items from.

Manxman_in_exile

If THE OUT (whatever that is) is a UK company subject to UK law* and this is a distance sale cancellation,  then you need to quote s34(5) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to them:

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time [to refund the consumer] is the end of 14 days after—

(a) the day on which the trader receives the goods back, or

(b) if earlier, the day on which the consumer supplies evidence of having sent the goods back

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

*You aren't clear whether THE OUT is a UK company and their goods are simply supplied from outside the UK, or whether they are wholly a non-UK entity.  It makes a difference.  But if they are a EU company, their consumer law will likely be similar to UK law

igscott

Many thanks, all helpful.

(*PS. My bad - company is call OUT NET)

m-holland

For reference, doesnt seem to be a UK company

The following General Terms and Conditions of Sale govern the offer and sale of products on our website ("theoutnet.com"). The products purchased on theoutnet.com are sold directly by YOOX NET‑A‑PORTER GROUP S.p.A. (the “Vendor”), company with sole shareholder subject to the direction and coordination of Compagnie Financière Richemont S.A., with a registered office in Italy at via Morimondo 17, Milan 20143, business register number, tax code and VAT number 02050461207, fully paid share capital of EUR #CAPSOC#

powerful_Rogue

However their T&C's state:

These General Terms and Conditions of Sale (including the Return Policy), their subject matter and formation, are governed by English law.

11.2 In the event of a dispute between the Vendor and you arising from the General Terms and Conditions of Sale (including the Return Policy), you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.