Zara Refuse to Refund me - Help

bambam789

Hi, 

Please could someone help me & give me some advice.

I placed an online order with Zara 3 weeks ago. It was delivered fine. I wanted to return some items however so I created a free return via Evri as per Zara's forms enclosed in my order. I take it to my local shop & get a receipt/proof of return. It is now over 2 weeks later & my parcel hasn't arrived back with Zara - the online tracking is simply stating that Evri have my parcel. I am assuming it is lost in their system somewhere & not going to be delivered after all this time so I contacted Zara via their instant chat (their phone line doesn't work anymore it seems). I explained the situation & they are stating they will not refund me my money as the parcel hasn't arrived back with them.

Surely this is not legal? THEY chose Evri as a courier to represent them so I used them. I have proof I have returned it. I cannot get in contact with Evri so can someone give me any advice of my next move please?

I would be very grateful!

Thanks,

Lee

eskbanker

If the parcel is with Zara's nominated courier then any non-delivery issues are between Zara and Evri, not you, but it's one thing to have legal rights and another to be able to enforce them.  How did you pay?

bambam789

Exactly my point - it is between Zara & Evri. 

I paid via my debit card. Can I not make a chargeback with my bank? I don't know what other route to take as neither Zara or Evri want to know!

jon81uk

Think this is the third thread with this issue in the last few months.

bambam789

@jon81uk - Do you know the outcomes? Any links?

Alderbank

bambam789 said:

Surely this is not legal? THEY chose Evri as a courier to represent them so I used them. I have proof I have returned it. I cannot get in contact with Evri so can someone give me any advice of my next move please?

It might be legal. It depends.

You used Zara's forms to get a free change of mind return so that sounds like you have used one of Zara's in-house procedures instead of your statutory rights. If so, then the terms are whatever their T&Cs say. For example they may say that you don't get your refund until they have checked the contents of your return.

Their procedures are separate from your statutory consumer rights and can't remove those rights. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you can state you are cancelling part of the order and Zara then must refund you within 14 days whether they have actually received your return or not.

So it depends on whether you returned under their procedures or under the Consumer Contracts regulations.

screech_78

Alderbank said:

bambam789 said:

Surely this is not legal? THEY chose Evri as a courier to represent them so I used them. I have proof I have returned it. I cannot get in contact with Evri so can someone give me any advice of my next move please?

It might be legal. It depends.

You used Zara's forms to get a free change of mind return so that sounds like you have used one of Zara's in-house procedures instead of your statutory rights. If so, then the terms are whatever their T&Cs say. For example they may say that you don't get your refund until they have checked the contents of your return.

Their procedures are separate from your statutory consumer rights and can't remove those rights. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you can state you are cancelling part of the order and Zara then must refund you within 14 days whether they have actually received your return or not.

So it depends on whether you returned under their procedures or under the Consumer Contracts regulations.

Agreed. Whilst I don’t believe the OP isn’t genuine, we’ve had some customers in the last 6 months trying to get refunds on fraudulent returns (returned under our own policy). One has been providing Royal Mail proof of posting receipts with a tracking number that has been identified as fake. Another was using an Evri returns locker that was identified as being used for fraudulent purposes. People always say the contract is with the retailer and the courier (which I don’t disagree with) but plenty of these types of returns are nothing more than “customers” trying it on. 

I digress though as I don’t believe this is the OP. You can try a chargeback. Your bank might refund the money but Zara have 45 days to contest. If they do, it’s a letter before action and small claims court if the amount is worth it. 

bambam789

I just returned via the means they offered which was Evri. I had no other option. If I used another method surely I would be in trouble that way as well as Zara offered a return but I chose my own route?

Alderbank

You won't be in trouble for exercising your statutory rights.

Email to state that under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are cancelling part of the order (itemise it), and you have returned those items and you expect to be refunded within 14 days.

See what they say.

bambam789

Alderbank said:

You won't be in trouble for exercising your statutory rights.

Email to state that under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are cancelling part of the order (itemise it), and you have returned those items and you expect to be refunded within 14 days.

See what they say.

Thanks. Yes I will do just that. Terrible service by both companies. I will get that email together now...

sheramber

bambam789 said:

@jon81uk - Do you know the outcomes? Any links?

https://forums.moneysavingexpert.com/discussion/6427333/zara-refusing-to-refund-lost-return