How long to issue refund (ecommerce)?

Manxman_in_exile

proformance said:

Hi,

I purchased an item that I decided wasn't suitable and returned it immediately. 

The company immediately acknowledged the return and has been processing it ever since - this was 32 days ago now.

There is nothing in their T&Cs about a maximum time to process a refund and in the absence of it, I wondered if there was any consumer law governing this.

Thanks,

Z

Did you return it by exercising your right to cancel under s29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) or under their own returns policy?

If you did the former then they are basically meant to refund you within 14 days.  I say basically because it's a little more complicated than that, but you can check s34 yourself.

But in order to cancel under the Regulations, you need to have clearly told the retailer that that is what you are doing.  See s32.

If you've simply returned the goods under their own T&Cs, then it depends on when those say the refund is payable.  You can probably argue that it should be without undue delay.  Personally, I think waiting for 30 days or a calendar month is OK.  Any longer is a bit much.

(TIP - when returning online purchases within 14 days, always make it clear you are exercising your statutory right to cancel rather than the retailer's own returns policy - unless their returns policy gives you a better deal... )

proformance

Manxman_in_exile said:

proformance said:

Hi,

I purchased an item that I decided wasn't suitable and returned it immediately. 

The company immediately acknowledged the return and has been processing it ever since - this was 32 days ago now.

There is nothing in their T&Cs about a maximum time to process a refund and in the absence of it, I wondered if there was any consumer law governing this.

Thanks,

Z

Did you return it by exercising your right to cancel under s29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) or under their own returns policy?

If you did the former then they are basically meant to refund you within 14 days.  I say basically because it's a little more complicated than that, but you can check s34 yourself.

But in order to cancel under the Regulations, you need to have clearly told the retailer that that is what you are doing.  See s32.

If you've simply returned the goods under their own T&Cs, then it depends on when those say the refund is payable.  You can probably argue that it should be without undue delay.  Personally, I think waiting for 30 days or a calendar month is OK.  Any longer is a bit much.

(TIP - when returning online purchases within 14 days, always make it clear you are exercising your statutory right to cancel rather than the retailer's own returns policy - unless their returns policy gives you a better deal... )

I used the company's own return system which explicitly requires me to enter a reason code, which I selected "Not wanted" within 4 days of having received it.

The return has been received by them and they've had it for 33 days now, despite my 5 official requests for updates. 

As per my last note, reading between the lines a bit, it seems like they're saying I should think carefully about the chargeback because once it's raised, it becomes a very binary situation where they'll either be compelled to return all the money back to me, or just the product. Whereas I think they're leaving the door open to them offering a deduction from the total amount. 

However, in the same email, the customer support person was contradicting himself it seems as in the same breath he said that any damage to the "inner box" would mean the item is not resellable, which is contradictory to their T&Cs (in a way)


Note - I'm frustrated because it sounds like my only options are:

1) wait in hope that they offer me a refund with aj amount deducted for repackaging 

2) refused a refund because of the alleged "inner box" damage (which I've not seen any evidence for or even am explanation)

3) submit a chargeback and have to wait up to 90 days for a refund

None of these options seem fair to me, but given the choice between £10-£20 deduction for packaging versus tying my money open for up to 90 days, I'd probably just accept the former (begrudgingly) 

born_again

proformance said:

born_again said:

proformance said:

Hi guys 

It's now been 32 days and I finally got a response from a manager of the brand.

He said that it has been reported that the inner packaging is damaged and that it might have been damaged and this the whole item may be non-resellable, but he is confirming this with the relevant internal teams.

He also said that if I were to raise a chargeback with the bank that they would not be able to "amend the refund" and that only their "finance team could deal with it at that point.

Not really sure what he meant by the last part. 

Can anyone provide any advice here so that I can prepare for the worst? 

Many thanks 

Z

Sounds like they may refund, but not the full amount.

Chargeback is for full amount & they have the chance to reject it (only full amount). If which case the refund you get from the bank at the start will be taken back, leaving your option to go back to them & see what they will do, or take them to court.

Thanks for this. 

If they propose a refund, with nominal deduction for the (alleged) damaged packaging and I choose to refuse the offer, does that nullify my right to filing a chargeback? 

No, you can still ask for a chargeback, as these are card regulations & over & above your consumer rights. But retailer can still reject it (45 days)

Comsumerhelpgenius

By law, they must make the full refund. It is up to them then to sue you for any damages. 

Manxman_in_exile

Comsumerhelpgenius said:

By law, they must make the full refund. It is up to them then to sue you for any damages. 

I'm not certain that we know if whatever law you refer to applies in this case?  The trader might reasonably be able to argue that the OP is returning the item under the trader's own T&Cs and isn't exercising their right to cancel under The Consumer Contract (Information, Cancellation etc) Regulations.

I don't know what the T&Cs of the trader's own returns policy say as regards payment of a refund.

proformance

Hi - so, after 35 days of waiting for a resolution I decided to raise the dispute with the bank. 

Is it really the case that the company has 18 weeks to respond to the case? Meaning they can legally hold my money and the product for up to this time?

I can't think of any reason why they would be compelled to return the funds to me anytime sooner than the maximum 18 weeks.

Is this really how things work? 

proformance

Anyone have an opinion here?

Aylesbury_Duck

proformance said:

Anyone have an opinion here?

Yes.  It's ridiculous, but if that's the process and the rules around it, you've just got to wait.

proformance

Aylesbury_Duck said:

proformance said:

Anyone have an opinion here?

Yes.  It's ridiculous, but if that's the process and the rules around it, you've just got to wait.

thanks for confirming my worst fear . That's really frustrating that merchants can get away with underhanded practices like this. I wonder what possible reason anyone could muster as to why a refund investigation could take 18 weeks. It's beyond me.

Aylesbury_Duck

proformance said:

Aylesbury_Duck said:

proformance said:

Anyone have an opinion here?

Yes.  It's ridiculous, but if that's the process and the rules around it, you've just got to wait.

thanks for confirming my worst fear . That's really frustrating that merchants can get away with underhanded practices like this. I wonder what possible reason anyone could muster as to why a refund investigation could take 18 weeks. It's beyond me.

Presumably because of the amount involved and the potential for money laundering or fraud from a dishonest customer playing the system.