Wrong product. Supplier will no accept ownership or refund

Ms_MMM

Hi All,
This is my first post. So, I hope it reads okay as I need some advice.
I recently purchased online several items from SportsDirect with my debit card (lesson learned
No issues with delivery or packaging. 
However, one item (sports bra size 12) was received instead of a jacket (size 16). 

As they do not accept sports bras / underwear for returns, I contacted their online chat support the same day.
They said they would respond within 24 hours via email. No email received.

So, had to email their Customer Support Team. Then had to email image of what was received. The sports bra was inside a bag with an unattached label for the jacket as I explained to them. 
Customer Support said they would investigate and respond. They responded with (a summary) "...have checked CCTV, it was quality controlled checked and no issues with carrier... The product you have is not ours... No refund..."

I did plead my case and said that they cannot of quality checked the label against the product. It would have been obvious.
After several emails since they are not allowing a return or refund. They have no escalation route. They asked be to dispute it with my bank!!!!

Bank has advised they cannot dispute part payments. 

Any advice welcome as I have the product still, cannot use or want it. I want a refund or the jacket. 
Many thanks 

Sandtree

There was no real need to contact them, you were returning "a jacket" that isn't as described... fact it happens to be a bra doesn't mean anything. Similarly for them to stop the return of undergarments they must come with a hygine seal and you must have removed that seal to render them unreturnable and presumably you didn't remove any seals from the bra.

Looking at their return form online you'd just describe it as a jacket, mark it as C faulty, and in the comment add wrong item received. 

MalMonroe

Why are they so picky anyway? I've often returned bras to M&S - online and in person. Tried them on instore and not bought them, too. It's not as if it's swimwear or knickers. Although, in your case, you've not even tried the bra since it's the wrong size anyway.

They have made a mistake so they have to correct it. All you need is a copy of your order and a list of what you received. Isn't there a delivery note or an email they sent with the items listed? Or is it listed incorrectly?

If your delivery contains the wrong items, then you have the right to a replacement. The Consumer Rights Act states that items must be 'as described'. 

I would, as Sandtree suggests, return it as 'wrong item received' or 'not as described'. Time has passed now, though. I'd want to get rid of it asap. If you send it back you should add a note referring to all the trouble you have had because of their error and advise that is the reason for the delayed return and you need either a refund for the jacket that never came or the jacket you paid for.

Don't forget to mention that this is your right under the Consumer Rights Act 2015.

You could also try contacting them on Twitter and complaining on there. Or try Facebook. They don't like it when you go on social media and show them up.

Ms_MMM

Sandtree said:

There was no real need to contact them, you were returning "a jacket" that isn't as described... fact it happens to be a bra doesn't mean anything. Similarly for them to stop the return of undergarments they must come with a hygine seal and you must have removed that seal to render them unreturnable and presumably you didn't remove any seals from the bra.

Looking at their return form online you'd just describe it as a jacket, mark it as C faulty, and in the comment add wrong item received. 

I didn't think of it that way. There is no actual label for the sports bra. Just the jacket. I have to pay the postage. So, let's see what happens. Thanks for the advice

Ms_MMM

I didn't think of it that way. There is no actual label for the sports bra. Just the jacket. I have to pay the postage. So, let's see what happens. Thanks for the advice

Ms_MMM

MalMonroe said:

Why are they so picky anyway? I've often returned bras to M&S - online and in person. Tried them on instore and not bought them, too. It's not as if it's swimwear or knickers. Although, in your case, you've not even tried the bra since it's the wrong size anyway.

They have made a mistake so they have to correct it. All you need is a copy of your order and a list of what you received. Isn't there a delivery note or an email they sent with the items listed? Or is it listed incorrectly?

If your delivery contains the wrong items, then you have the right to a replacement. The Consumer Rights Act states that items must be 'as described'. 

I would, as Sandtree suggests, return it as 'wrong item received' or 'not as described'. Time has passed now, though. I'd want to get rid of it asap. If you send it back you should add a note referring to all the trouble you have had because of their error and advise that is the reason for the delayed return and you need either a refund for the jacket that never came or the jacket you paid for.

Don't forget to mention that this is your right under the Consumer Rights Act 2015.

You could also try contacting them on Twitter and complaining on there. Or try Facebook. They don't like it when you go on social media and show them up.

Really useful. 

Jenni_D

Ms_MMM said:

I didn't think of it that way. There is no actual label for the sports bra. Just the jacket. I have to pay the postage. So, let's see what happens. Thanks for the advice

If they've made the error, no you don't!

Manxman_in_exile

Go back to them and explain that as the goods they have sent are not the ones that you ordered, then they are in breach of s11 of the Consumer Rights Act 2015 and that you are entitled either to a refund or to have them replaced with the correct item.

Consumer Rights Act 2015 (legislation.gov.uk)

Also, because they have sent you the wrong item, it is their responsibility to provide a free return or to refund you the return costs.

Don't allow them to divert you with the irrelevant argument that "you can't return bras for hygiene reasons".  You must stick to your guns and clearly emphasis that you are returning the item under the statutory rights given to you by the Consumer Rights Act 2015 because they sent you the wrong item.  You ARE NOT returning it under their own returns policy and you ARE NOT cancelling it as a distance sale.

Be prepared to argue your corner for a replacement correct item or for a refund, because their customer service people either will not know the law or will try to fob you off.  Be persistent!

Come back if you get nowhere.

Ms_MMM

Thanks ManxMan,
Just sent another email and cribbed some of your wording. Parcel is packed and await a FREEPOST returns label.
If none, received then I will send back with the chargeable postage label and try and claim it back at the same time.

Ms_MMM

Response received from Sports Direct below;

"Thank you for your email,

I am truly sorry for the inconvenience you had.  We have done our investigation correctly and packed your item correctly as per our CCTV.   We cannot stop you from proceeding with any actions which are convenient to you but this case is resolved.  You also can contact your payment provider in regards of this matter."

It appears they will not send a freepost returns label. 
I also asked for the next stage in their escalation procedures.
Should I just send the item back recorded post as I am struggling to find a complaints process or any other contacts?

Any advice would be welcome. 

Manxman_in_exile

Hmm.  Not surprising I suppose - they're useless.

How did you pay and how much money are we talking about? (ie how much did you pay for the jacket you didn't get?)

If you paid by credit card and it's over £100, you can make a s75 claim against your credit card provider.  If you paid by debit card you might be able to do a chargeback irrespective of how much the jacket cost.

If your bank has told you they cannot dispute part payments, I don't know if this is true or not.  I don't see why they can't dispute a part payment, but maybe I'm wrong.  Somebody else here might know.

If you've paid by Klarna(?) or PayPal I'm afraid I don't know what rights you might have against them.  Again, somebody else here might know.

That leaves you with (a) keeping on bashing away at their customer services, or (b) threatening to sue them.

I understand suing them is relatively simple and straightforward so long as you follow the correct procedure.  But whether it's worth the effort and hassle sort of depends on how much is at stake and how far you really want to pursue it.  And although you probably should win, there's never any guarantee that you will.

You could try persisting with customer services again.  I also know some posters here recommend a website* that supposedly lists the email addresses of Chief Executives of retail companies, and apparently emails sent there often get results.  You could try getting the appropriate address for Sports direct.

Good luck

*Uselessly I don't know the website but if you search this board you may find it...