Online store not accepting returns for damaged/wrong items

MR1988

Hello all,

I need assistance with the following.

I've ordered a bunch of single trading cards from an online store. In total it came up to £85.

I have received the cards today, and 1 of the cards (The most expensive one at £30) is creased/damaghed and one of the cards is not even the card I ordered. Instead they sent me completely the wrong item.

I raised this with the store and told them I wish to return the two cards for a partial refund or if that is not possible to return the entire order. They came back stating that cards in this condition are impossible to go through Quality Check and that they do not accept returns due to singles being swapped out. They mentioned it's in their policies that they do not accept returns on single cards.

I checked the website "Terms and Conditions" and "Returns" policies and nothing mentions single cards. I emailed back and mentioned this to them, and also pointed out that by law they should be accepting returns if they are doing online business regardless of their terms as for sure trade law trump any terms and conditions at the end of the day. Or so I would like to think. Also, how could they actually consider me keeping a damaged or wrong item sent to me? That is just wrong. They responded stating that they had their lawyers and legal team look over terms and conditions strictly for such situations like this.

Store in question is: https://www.hodgestradingcards.com/

I would have been happy to just return and get a refund for those said cards but now it's a matter of priniciple and I do not wish to keep any or deal again with this store in the future.

I have paid through PayPal so I have the option of taking it up with PayPal. I have not messaged back the store anymore at the moment as they don't seem to budge, so what are my options as I do not wish to keep the product? It's just wrong to expect a customer to keep the wrong and damaged item.

Thank you

MR1988

EDIT: They have just updated the Returns Section and added in bold that "Single card orders cannot be returned."

Which only proves how much of a joke this whole thing is.

I did print their Terms and Conditions page before they updated minutes ago so I have the previous copy of the terms that doesn't state anything about singles.

km1500

If you buy at a distance you have the legal right to return the whole order (not bits of it) within 14 days.

I am assuming the cards were bought as a 'bundle'.

GabbaGabbaHey

km1500 said:

If you buy at a distance you have the legal right to return the whole order (not bits of it) within 14 days.

Unfortunately having that right and actually enforcing it can be two different things, especially if the seller refuses to observe their legal obligations, and the value of the item is below that where legal/small claims court action is viable.

As the OP paid by PayPal, I'd start a "not as described" claim through them - but expect the seller to fight it :-(

MR1988

Yes, but by knowingly refusing to meet their legal obligations they put themselves in a worse position if I choose to fight this. Not to mention that by changing their "Terms and Conditions" today and refusing returns on their official store page, they are displaying misleading consumer rights which is as well illegal.

Spoonie_Turtle

I'm confused, they don't take returns for single cards, but what about the whole order - are they refusing to take that?

the_lunatic_is_in_my_head

Their terms are terrible, charges for cancellation of pre-orders (which are not permitted) along with two mentions of restocking fees (not permitted), their terms on the right to cancel are poor with many exclusions that do not meet the limit of applications under the legislation, their anti-consumer attitude actually leaves them in a worse position but due to what I'm guessing is lower value items enforcing those rights is difficult.

A SNAD claim with Paypal simply stating one item arrived damaged and another didn't match the description should be an easy win, a Royal Mail Large letter Tracked 48 is £2.70 (or £3.29 for a small parcel)

https://send.royalmail.com/

Whilst the seller should refund this I'd doubt they will and losing £2.70 to simply return the entire order is probably better than losing the whole order value. 

MR1988

They refer to singles as cards that are sold individually instead of in packs. Originally they come in sealed booster packs and it's completely random what you get. But many open packs and then sell the cards individually as "singles" and flip a profit. So basically I purchased a bunch of cards, all "singles" and they don't accept returns on singles, meaning any of the items I bought, under the excuse that I might swap the card with another one.

It is a terrible company and I only ended up knowing about them after buying an item from eBay and sending me a leaflet along with the item. It's not even a matter of the order value anymore and rather a matter of principle trying to bully me into accepting the damaged and incorrect product.

Spoonie_Turtle

MR1988 said:

They refer to singles as cards that are sold individually instead of in packs. Originally they come in sealed booster packs and it's completely random what you get. But many open packs and then sell the cards individually as "singles" and flip a profit. So basically I purchased a bunch of cards, all "singles" and they don't accept returns on singles, meaning any of the items I bought, under the excuse that I might swap the card with another one.

Oh I see.  With that and the post previous to yours, they really do sound terrible!  I hope a PayPal case will do the job they're not willing to.

RFW

As others have said, go through Paypal. They'll likely just refund you, especially when the seller starts ranting at them, which they almost certainly will do.

I'd also get on to your local Trading Standards and report them. https://www.gov.uk/find-local-trading-standards-office

MR1988

I have reported them to Trading Standards and TS got back to me asking me to raise it first with Citizen Advice so there's a record created or something along those lines.

Meanwhile, I have opened a dispute with PayPal, and after a few rounds of "proof" uploads and an affidavit that I had to fill out, today I have been refunded. I have only been refunded the value of the 2 cards and the dispute has been closed. No instructions about returning the cards have been given to me. What's next? Should I call PayPal and ask where should I return?