Online retailer won't refund me

kinkers

Hello! I'm not sure if I'm allowed to mention the retailer or not but anyways, I had a wedding coming up and ordered loads of dresses... spent around £250 (used a debit card). I can't remember what date I ordered exactly but my goods were shipped via Royal Mail on 10/04, I received these on 17/04.

I decided to keep one of the dresses and return the rest. I checked their return policy and it said I could return within 14 days of receipt of delivery. 

I tried to access their return portal and create a return on 30/04 but it said I was unable to access it as I was outwith my 14 days. I had done this v late at night... I emailed them at 18 minutes past midnight so by this point it was 01/05 to let them know I was having a problem. In this email I attached a screenshot of their return policy and a screenshot of my delivery confirmation.

They replied to say I couldn't access the portal because I was outwith my 14 days but I could return in exchange for a gift voucher. I explained again. The next reply said they understood, were sorry and that they would add a note to my order asking the returns team to process a refund.

I returned the items at my own cost (which I had to do because I couldn't access the portal!) on 04/05, And on 12/05 I received a refund for one item and a gift voucher for the rest. I emailed them asking them to rectify it. They responded to say it was because I was outwith the 14 days and that if I thought this was incorrect I needed to send them my postal receipts. So I sent them my receipts and asked them to read back through the email thread.

They responded to this with a screenshot from their website which states that if returned within 14 days from the date of the ORDER you will receive a full refund, if outwith this you will receive a voucher. I never saw this bit when I first looked for their return policy.... it appears to be under a different subheading.

Anyway, this went back and forth for a little bit, my last email states that I know the distance selling rules and the Consumer Rights Act and I don't believe they are being compliant with them.... I have asked where I can make a formal complaint.... getting no response now.

Am I missing something?? Are they infact correct? And if they're in the wrong what can I do now?! 

Whats frustrating me the most is that someone has actually agreed to a refund and now they won't process it!

Abby1984

Why did you leave it to the last minute to create a return?

the_lunatic_is_in_my_head

Your right to cancel is 14 days beginning the day after delivery, assuming terms are correct (and it’s a UK company).

Which website was it OP?

kinkers

Abby1984 said:

Why did you leave it to the last minute to create a return?

Because I'd been away and Sunday the 30th is when I returned home. I don't really see why that matters though? I am still within my rights, am I not?

Manxman_in_exile

As the_lunatic asked, what is the website?

(They are asking because they want to check the seller's T&Cs and what info they gave you.  If they didn't give you the info prescribed by law then your cancellation/return window might still be open for up to a year)

kinkers

It was Axparis.

the_lunatic_is_in_my_head

Thanks OP.

Can you check, do their emails or paperwork with the goods mention your right to cancel the contract?

Based on what’s on the website I’m not seeing anything about the right to cancel (unless I’m missing it as usual). 

The info on the return page is either their own policy in addition to your rights or non-compliant with the regs. 

kinkers

the_lunatic_is_in_my_head said:

Thanks OP.

Can you check, do their emails or paperwork with the goods mention your right to cancel the contract?

Based on what’s on the website I’m not seeing anything about the right to cancel (unless I’m missing it as usual). 

The info on the return page is either their own policy in addition to your rights or non-compliant with the regs. 

Eek, I don't have the confirmation email anymore! 😬 or the paperwork as I had to put that in with the package when I returned it.... crap. The only email I have is the one with the gift voucher!

Manxman_in_exile

kinkers said:

the_lunatic_is_in_my_head said:

Thanks OP.

Can you check, do their emails or paperwork with the goods mention your right to cancel the contract?

Based on what’s on the website I’m not seeing anything about the right to cancel (unless I’m missing it as usual). 

The info on the return page is either their own policy in addition to your rights or non-compliant with the regs. 

Eek, I don't have the confirmation email anymore! 😬 or the paperwork as I had to put that in with the package when I returned it.... crap. The only email I have is the one with the gift voucher!

the_lunatic_is_in_my_head said:

Thanks OP.

Can you check, do their emails or paperwork with the goods mention your right to cancel the contract?

Based on what’s on the website I’m not seeing anything about the right to cancel (unless I’m missing it as usual). 

The info on the return page is either their own policy in addition to your rights or non-compliant with the regs. 

Bearing in mind that their returns policy says that in the case of faulty or incorrect goods the consumer must notify Axparis within 24 hours from delivery, I'd hazard a guess that they have not complied with the regs...

born_again

kinkers said:

Hello! I'm not sure if I'm allowed to mention the retailer or not but anyways, I had a wedding coming up and ordered loads of dresses... spent around £250 (used a debit card). I can't remember what date I ordered exactly but my goods were shipped via Royal Mail on 10/04, I received these on 17/04.

I decided to keep one of the dresses and return the rest. I checked their return policy and it said I could return within 14 days of receipt of delivery. 

I tried to access their return portal and create a return on 30/04 but it said I was unable to access it as I was outwith my 14 days. I had done this v late at night... I emailed them at 18 minutes past midnight so by this point it was 01/05 to let them know I was having a problem. In this email I attached a screenshot of their return policy and a screenshot of my delivery confirmation.

They replied to say I couldn't access the portal because I was outwith my 14 days but I could return in exchange for a gift voucher. I explained again. The next reply said they understood, were sorry and that they would add a note to my order asking the returns team to process a refund.

I returned the items at my own cost (which I had to do because I couldn't access the portal!) on 04/05, And on 12/05 I received a refund for one item and a gift voucher for the rest. I emailed them asking them to rectify it. They responded to say it was because I was outwith the 14 days and that if I thought this was incorrect I needed to send them my postal receipts. So I sent them my receipts and asked them to read back through the email thread.

They responded to this with a screenshot from their website which states that if returned within 14 days from the date of the ORDER you will receive a full refund, if outwith this you will receive a voucher. I never saw this bit when I first looked for their return policy.... it appears to be under a different subheading.

Anyway, this went back and forth for a little bit, my last email states that I know the distance selling rules and the Consumer Rights Act and I don't believe they are being compliant with them.... I have asked where I can make a formal complaint.... getting no response now.

Am I missing something?? Are they infact correct? And if they're in the wrong what can I do now?! 

Whats frustrating me the most is that someone has actually agreed to a refund and now they won't process it!

Well if they sent on the 10/4, that would make 14 days at that point the 24/04...

DullGreyGuy

born_again said:

kinkers said:

Hello! I'm not sure if I'm allowed to mention the retailer or not but anyways, I had a wedding coming up and ordered loads of dresses... spent around £250 (used a debit card). I can't remember what date I ordered exactly but my goods were shipped via Royal Mail on 10/04, I received these on 17/04.

I decided to keep one of the dresses and return the rest. I checked their return policy and it said I could return within 14 days of receipt of delivery. 

I tried to access their return portal and create a return on 30/04 but it said I was unable to access it as I was outwith my 14 days. I had done this v late at night... I emailed them at 18 minutes past midnight so by this point it was 01/05 to let them know I was having a problem. In this email I attached a screenshot of their return policy and a screenshot of my delivery confirmation.

They replied to say I couldn't access the portal because I was outwith my 14 days but I could return in exchange for a gift voucher. I explained again. The next reply said they understood, were sorry and that they would add a note to my order asking the returns team to process a refund.

I returned the items at my own cost (which I had to do because I couldn't access the portal!) on 04/05, And on 12/05 I received a refund for one item and a gift voucher for the rest. I emailed them asking them to rectify it. They responded to say it was because I was outwith the 14 days and that if I thought this was incorrect I needed to send them my postal receipts. So I sent them my receipts and asked them to read back through the email thread.

They responded to this with a screenshot from their website which states that if returned within 14 days from the date of the ORDER you will receive a full refund, if outwith this you will receive a voucher. I never saw this bit when I first looked for their return policy.... it appears to be under a different subheading.

Anyway, this went back and forth for a little bit, my last email states that I know the distance selling rules and the Consumer Rights Act and I don't believe they are being compliant with them.... I have asked where I can make a formal complaint.... getting no response now.

Am I missing something?? Are they infact correct? And if they're in the wrong what can I do now?! 

Whats frustrating me the most is that someone has actually agreed to a refund and now they won't process it!

Well if they sent on the 10/4, that would make 14 days at that point the 24/04...

14 days is from the day after delivery not sending. 

Certainly one oddity is a RM parcel being sent on the Mon 10th but not being received until Mon 17th. Even if it was sent second class and late on the 10th you'd still expect delivery by the Fri 14th at the latest. 

Depending on if its a tracked delivery or not my guess would be that the portal used a more expected delivery date which would have started the clock ticking before the 17th and hence the rejection. 

Its not clear when the OP checked the items, before going away or on returning on the 30th but inevitably leaving something to the last minute makes you more exposed to the risk of systems failures, not being able to get through to a call centre etc even if it is within your statutory allowed timescales.