Do I have a right to refund if I lost the tags of the item but it was not the right size for online?

GervisLooper

Is there any legal precedent to ask for a refund if I lost the tags? It is still within the 30 period of purchase.

I paid by debit card.

The seller said because I dont have the tags for the item they will not refund and sending it back to me.

If they are in their right to do that I will accept but if it is within my right to claim my money back under statutory rights or consumer rights act I will want my money back preferably as it was £53 for the jacket.

I did muddy the waters somewhat as I said in the refund request they were the wrong size, which is the correct reason. I had ended up buying the jacket 2x again, from elsewhere, due to it being cheaper, in different sizes. I had since sent those back. Of this second round of purchasing, one of those was wrong size so sent back. The other one, which I wore out in a downpour and turned out it was not waterproof, I have now sent back to this 2nd other company requesting a refund due to lack of waterproofness.

In my lack of attention I got mixed up and have emailed the first company saying the jacket was faulty due to not being waterproof. They came back saying there was nothing mentioned about that in the return request, which said only they were the wrong size, which is correct. I only just noticed this error on my part but the 1st company have responded that they will treat the jacket with nikwax and send it back to me. Does this sully my case? I fully admit I got mixed up. I could ask for a chargeback via my debit card if they wont but will they look unfavourably on that?

They might see me as intentionally trying to falsely claim damage which I personally find deplorable myself and is the reason I quit ebay as a seller due to fraudulent damage claims.

At worst I will sell on vinted or suchlike but would rather exhaust my options on this route first.

GrubbyGirl_2

Tags just don't fall off.  I doubt you can request a refund as it would appear to be worn

GervisLooper

GrubbyGirl_2 said:

Tags just don't fall off.  I doubt you can request a refund as it would appear to be worn

I never said it fell off. I of course pulled it off thinking I wouldnt need it and threw it away. Yes of course I should of kept it, and will know for future, but I didnt and that is the situation.

The question is whether there is legal precedent to still ask for a refund.

For example, a similar situation, is it is always preferable to keep a receipt but you can still ask for a refund even without one, within your rights as a consumer, within a certain time period.

the_lunatic_is_in_my_head

Hello OP

Sorry it's a bit confusing  

You mention returns request and eBay, is this an eBay purchase? 

MattMattMattUK

I am sure Lunatic will be along at some point this morning and can clarify the legal position, but for clarity, did you purchase these items online, or in store, ordered online and delivered, paid online and click and collect? Who did you buy from? When you say you you want to return the item because it is the wrong size, do you mean that you ordered the wrong size, or that they did not supply the size you ordered? When exactly did you purchase it?

You can return an item if the wrong item is supplied, if it is faulty, or for fully distance sales also for change of mind, but there are different restrictions and timescales (14 days) depending on the details. For change of mind you are only allowed to inspect the item as you could in a store, eg. try it on, not wear it for an extended period or cut the tags off. 

I think the complication is not just that threw the tags away, it is that you cut them off in the first place. Most people try clothing on before removing the tags, the general consensus in retail if a customer tries to return after removing the tags is that the item has been worn and is then being returned, they will normally try to argue these as they are going back for disposal to third party sellers,  they are generally not sold by the retailer itself again, so the retailer loses money on them. You complaining that it was not waterproof makes it sound as if you have worn it, you then changing to using "the wrong size" as the reason for return sounds like you are trying your luck. 

DullGreyGuy

I think you have muddied the waters taking about multiple different orders and so its hard to work out what is exactly wrong with this item.

You say it's the wrong size... do you mean you ordered a L and got an XS? Or you ordered a L and got something labeled as an L but when you've tried it on it doesn't fit? If its the later does the website give dimensions for the L and have you checked the garment against those dimensions?

What was the official size of the garment? Obviously the problem we have is most garments are sold as L or M etc which has no fixed definition. Even if its trousers sold for a 32" waiste that gives no fixed indication on the leg length or size in the calf area. 

It sounds like the retailer is taking your "wrong size" to mean it is the size you ordered but it doesn't fit which under consumer law is a change of mind issue and statutory rights end after 14 days of receipt. If they have a return policy that is longer than that they can put any stipulations they want on it for a change of mind.

Pollycat

DullGreyGuy said:

I think you have muddied the waters taking about multiple different orders and so its hard to work out what is exactly wrong with this item.

You say it's the wrong size... do you mean you ordered a L and got an XS? Or you ordered a L and got something labeled as an L but when you've tried it on it doesn't fit? If its the later does the website give dimensions for the L and have you checked the garment against those dimensions?

What was the official size of the garment? Obviously the problem we have is most garments are sold as L or M etc which has no fixed definition. Even if its trousers sold for a 32" waiste that gives no fixed indication on the leg length or size in the calf area. 

It sounds like the retailer is taking your "wrong size" to mean it is the size you ordered but it doesn't fit which under consumer law is a change of mind issue and statutory rights end after 14 days of receipt. If they have a return policy that is longer than that they can put any stipulations they want on it for a change of mind.

It's certainly a tangled web of a story.

I think that the OP muddied the waters even further by telling the first retailer what was wrong with the jacket bought from the second retailer (not waterproof).
So the first retailer (of the jacket that the OP cut the tags off that he originally told them was the wrong size) are going to reproof it and send it back to the OP.

Why did the OP return the jacket knowing it no longer had tags before speaking to the retailer?

TELLIT01

Why would anybody remove tags from clothing before checking that they actually fitted? 

Pollycat

TELLIT01 said:

Why would anybody remove tags from clothing before checking that they actually fitted? 

I certainly wouldn't regardless of where I bought it from.

So why did you remove the tags, OP?

the_lunatic_is_in_my_head

The tags isn't really an issue as such, you can remove tags or you can wear clothes, you could even clean the windows with them and still cancel your contract. 

Whether there is cause for a reduction in the refund will depend upon whether the correct information has been provided. The correct information, or lack of, also defines the time period for cancelling.

Until OP advises where they purchased from it's not really possible to state what their position is. 

If it turns out this is an eBay purchase it might be very simple (the eBay Moneyback Guarantee will most likely come into play if OP has a return open on eBay).

If it's somewhere else then as above depends on the information. 

GervisLooper

the_lunatic_is_in_my_head said:

The tags isn't really an issue as such, you can remove tags or you can wear clothes, you could even clean the windows with them and still cancel your contract. 

Whether there is cause for a reduction in the refund will depend upon whether the correct information has been provided. The correct information, or lack of, also defines the time period for cancelling.

Until OP advises where they purchased from it's not really possible to state what their position is. 

If it turns out this is an eBay purchase it might be very simple (the eBay Moneyback Guarantee will most likely come into play if OP has a return open on eBay).

If it's somewhere else then as above depends on the information. 

Ebay has nothing to do with this purchase. I also stated in that same sentence I quit ebay as in in the past and no longer use it. It was merely used as an example to show why I dont like INAD item not as described claims.

I bought it from an independent website. As to the confusion about not being the right size and descriptions. I bought a Large, they sent a Large. Large was not the right fit for me. I sent it back saying it was not the right fit in initial claim. Then came the confusion with not waterproof, which is another coat from another independent seller.

This seller has since emailed saying they are going on my previous statement of not waterproof and have nikwaxed and sending it back to me.

If I have no good footing here I take the loss here because the seller stated they would not be able to sell it as new without the tags and so seems wasteful.

I will take as a lesson learned and sell on somehow.