Strangest refund refusal ever!

lm0503

I purchased a t shirt online from Vita Sharks in size S, and when it arrived it was a size L. The packaging says size L, the t shirt label says size L and the chest measurement matches 106cm which is exactly the same as their sizing for a size L.

However, they will not give me a refund because they are saying it is actually a size small! Something about 'oh it's Asian sizing so a L label means a S.' This t shirt is clearly a large. But because they say I got what I ordered, they won't give me a refund.

I've never come across this before!

(I would have been happy with an exchange but the S size is now out of stock on their website.)

Not sure what to do next. I know my rights say I'm entitled to a refund, but how do I get one? (The design also differs from the one on their website so I'm pretty sure this is grounds for a refund too.)

MorningcoffeeIV

How did you pay?

Grumpy_chap

It sounds like this was a wholly online purchase.
Are you within the 14 days to return without needing a reason?

elsien

And more importantly, where is the company based? Enforcing any rights against overseas companies can be near impossible.

Pollycat

elsien said:

And more importantly, where is the company based? Enforcing any rights against overseas companies can be near impossible.

Google doesn't seem to throw up any company selling t-shirts...

the_lunatic_is_in_my_head

Is it this site OP? 

https://vitasharks.com/search?q=shirt&options[prefix]=last

born_again

Is it to big when you try it on?

As we know, sizing is all over the place.

DullGreyGuy

the_lunatic_is_in_my_head said:

Is it this site OP? 

https://vitasharks.com/search?q=shirt&options[prefix]=last

Can't see anything on their site about sizing and they state all their products are made in the UK so the comment on "asian sizing" would be very odd if that is the right link. 

Clearly if they are imports of goods intended for other countries then it could well be different lettering, Mexico uses EC, C, M, G, EG for extra small to extra large as clearly "small" doesn't mean anything in Spanish 

Caz3121

OP if it is the site in the link above, which t-shirt was it?
there appear to be 6 designs
2 have 106cm chest as L
1 has 106cm chest as M
2 give no guidance to sizing and
1 says "Please note the product is not labelled in UK sizing - However please select UK size and correct UK size will be sen" (sic)

elsien

All of which is academic, because the OP is just using their right to change their mind within 14 days, regardless of the reason.
you probably need to go back and quote the relevant legislation at them - that website does appear to have a UK address on it for  correspondence.

Plus their returns policy states Refund Policy UK

We are confident about what we sell and we hope you will be pleased with your purchase. However, should you wish to return anything bought from us, we will be happy to provide a refund on a product provided it is returned to us within 14 days, in a fully resaleable condition. If we find that the product has not been returned to us in fully resalable condition, used or damaged, we reserve the right to refuse a refund on the item, or deduct up to 50% of the original selling price from the refund amount as a re-stocking fee.

Returns should be made within 14 days and in original, sealed, undamaged packaging. If 14 days have past and we have not had contact from you, unfortunately we can't offer you a refund or exchange.

 I would consider the original sealed package bit to be unreasonable, because you can’t check an item without taking it out of the packaging.

Okell

[Edit:  the following assumes that the OP either told the seller that they were cancelling the contract within 14 days of delivery or - if not - that they still have time to do so.  Although it might be that the cancellation period has been extended if the seller hasn't provided all the information they should have done...]


I don't believe their stated returns policy reflects the actual legal posisiton as per The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).

The consumer is entitled to cancel an online contract by notifying the seller that they are doing so within 14 days of delivery.  The consumer then has a further 14 days in which to return the goods.  By stating in their returns policy that the goods must be returned within 14 days of delivery, they are misleading the consumer.

I also agree that their requirement that goods must be returned in their original, sealed and undamaged packaging does not reflect the regulations and is probably unenforceable.

The OP needs to go back to the seller quoting the following regulations contained in the link above: 29, 30(3) and 35(4).

As the regulations allow the consumer to cancel the contract for any reason at all (including no reason!) within 14 days, any explanation (or argument) over the sizing of the garment does not affect the consumers right to cancel.


NB - Personally I'd be wary of any website that had "Terms of Service" rather than "Terms & Conditions" and which read as if it might be a cut and paste from a US site...  (eg terminology like "attorney")