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

Grumpy_chap

Okell said:

@Grumpy_chap -  I understand the point you are making, but what many people forget (or don't realise) is that if a distance seller does not provide to the consumer the information required by the regulations about the consumer's legal rights to cancel a distance contract contained in regulations 27 to 38 , then (1) the cancellation window is extended by up to a year, and (2) the seller is not permitted to make a deduction for any "diminished" value in the cancelled goods.

What @the_lunatic_is_in_my_head is arguing (I think) is that by referring to only a 60 day return period the seller has either (a) voluntarily extended the 14 day statutory cancellation period to 60 days, or (b) has not supplied the correct information about the statutory cancellation period contained in regulations 27 to 38 (eg 14 days to cancel and a further 14 days to return).

If (a) - which I think is a dubious argument anyway - then the OP can cancel within 60 days without the tags, but the seller can make a deduction from the refund for loss of value.  If (b) - which I think is a stronger argument - then the cancellation period is extended by up to a year and the OP is entitled to a full refund.

If I were the OP I think I'd prefer to go with (b)...

I can see what you are saying.
I can also see why the OP would prefer (b).

Looking at the website, all the information appears to have been given, albeit with 60 rather than 14 day time limit.
Under the returns page there is a specific request not to remove tags:
https://www.militarykit.com/pages/delivery-returns

It seems as though the OP is entitled to a refund less diminished value for the removal of the tags.

I don't think it is reasonable, where a supplier complies with statutory rights and offers more than that (longer time) that the interpretation of "didn't mention the 14 days so I get a year" is beneficial to the whole.  Statute is the minimum that must be provided.  A supplier that offers better should not be penalised.

Other than the time period, what information about the statutory cancellation has not been provided?

I suspect, if the OP is successful on pursuing this under "information not provided about 14 days", the response of the supplier would be to decide they won't get caught out again and simply change their T's&C's going forward to exactly mirror statute.  The outcome is a tightening for everyone to 14 days.  The law is the bare minimum, we should be encouraging voluntary better than that.

GervisLooper

the_lunatic_is_in_my_head said:

Keep us updated if you can, fingers crossed they see sense  

It seems they are giving the silent treatment now. While I was having a reply within the day, this is 2 days and no response. I wonder if they are hoping it will go away or perhaps are in contact with those who may better know the finer details of the T&Cs, before responding further.

They havent sent the coat back so far which indicates they arent trying to wash their hands of the thing yet.

Where should I go from here? People say that they have to refund by law but how does that translate in what I should say to get my refund?

So what should I say next? If they do not reply still I guess I should just say I will enact a chargeback on the debit card and let them decide.

the_lunatic_is_in_my_head

GervisLooper said:

the_lunatic_is_in_my_head said:

Keep us updated if you can, fingers crossed they see sense  

Where should I go from here? People say that they have to refund by law but how does that translate in what I should say to get my refund?

So what should I say next? If they do not reply still I guess I should just say I will enact a chargeback on the debit card and let them decide.

Sadly the chargeback process is in addition to consumer rights rather than mirroring them and change of mind is, AFAIK, excluded. By all means have a chat with the card provider but if they say the situation isn't covered that would be correct. 

As with all things where an agreement can't be reached it boils down to letter before action followed by small claims, however you might wish to send them another email and cc in their local trading standards. 

I'm not sure if we are allowed to post email addresses directly here, but the company have their postcode at the bottom of their website and this tool on the gov website has a contact email for Tameside 

https://www.tradingstandards.uk/consumer-help/

Trading standards are very unlikely to reply, or do anything, it's more a tactic to give the company a little nudge to do the right thing, which in this case is honour your cancellation rights as per the very terms they've written on their website. 

GervisLooper

the_lunatic_is_in_my_head said:

Thanks for your help and those others who gave helpful comments.

Got an email yesterday morning stating they have decided to give full a refund.