Refused refund because items showed signs of 'wear'

wanderer25

I've recently had a company refuse a refund on a returned pair of shoes because they claim they showed signs of wear on the soles. I tried them on once, indoors, on a carpeted floor and they were returned in perfect condition.

Unfortunately I didn't take any photos of the condition before returning and I paid by debit card rather than credit card or PayPal.

I believe they are refusing me a refund because I left them a negative review on trust pilot for their poor customer service. I had attempted to contact them multiple times after returning the item with no response. I didn't even have any confirmation that the return has been received or that they would not be refunding me. It was only after quoting consumer contract regulations, and stating that I would go to trading standards that I got the response that my refund was refused on the basis of wear.

They have many similar negative reviews on trust pilot (I wish I had checked before purchasing!) and the company regularly flags reviews for 'illegal or harmful content' to try and get them hidden or removed.

My question is, what are my rights? Where do I go from here?

powerful_Rogue

Which website is it?

Alderbank

A couple of questions...

Was this an online purchase or from a shop?

Did you return them within 14 days of receiving them?

Briefly, the law in the UK is that if you make it clear that you are exercising your statutory right to reject them (rather than relying on a store refund policy) then the store can't refuse to refund you.
What they are allowed to do is reduce the refund if you have done more than try the shoes on as you would in a shop but that does not seem to be the case here.

Who is the company? That makes a difference, especially if they are not based in the UK.

wanderer25

It was an online purchase. The company is called Taboo Boutique - they are UK based and sell alternative footwear / heels amongst other things.

I returned them within 14 days and they acknowledged this in their email. I had actually originally requested to cancel the order before they were dispatched but my messages were ignored and they were sent anyway. They didn't fit and so I returned them. I have asked for proof of the wear that they are claiming but haven't had a response yet. They have offered to return the shoes to me, at my own cost, if I send them a prepaid label.

It seems this is not an isolated case, there are other people who have experienced the same thing.

the_lunatic_is_in_my_head

Can’t see any mention of the right to cancel on their website.

Unless I’m missing it or they sent you the information on the right to cancel by email or on paper with the goods they don’t have the right to reduce the refund for diminished value regardless. 

As with most things where an agreement can’t be made it’s a case of letter before action and small claims.

OP can you confirm exactly what info was in emails on paper about returns?

Word by word really, screenshots or photo would be ideal (with personal info redacted) 

wanderer25

the_lunatic_is_in_my_head said:

Can’t see any mention of the right to cancel on their website.

Unless I’m missing it or they sent you the information on the right to cancel by email or on paper with the goods they don’t have the right to reduce the refund for diminished value regardless. 

As with most things where an agreement can’t be made it’s a case of letter before action and small claims.

OP can you confirm exactly what info was in emails on paper about returns?

Word by word really, screenshots or photo would be ideal (with personal info redacted) 

The information on returns is here:

https://tabooboutique.co.uk/returns

And this was the email I received from them acknowledging my right to return:

the_lunatic_is_in_my_head

Thanks OP

The return policy at the link there is their company policy, which is fine, but they should also be telling you about your right to cancel as per the regs which is what I can’t find on their website and this failure to provide that info puts you in a good position subject to what was in the emails. 

Regarding the emails, apologies as I should have been clearer I was referring to the standard order confirmation and order dispatch emails they presumably sent and wondered if those emails had any information about returns included? 

wanderer25

Ah I understand! As far as I can see there's nothing about the right to cancel, and I had a quick look through their T&C's as well. The only thing I could see in there was ' Our return policy does not effect your statutory rights.'

I've just checked the order and dispatch emails and there's nothing at all included about returns or the right to cancel.

the_lunatic_is_in_my_head

Thanks OP and nothing on paper inside the parcel with the shoes?

I’ll put together an email for you to send to them, may or may not work but won’t cost anything.

Beyond that you’d send a letter before action which for the cost of a stamp is worth doing.

Last step is small claims which you have to weigh up the headache vs the reward.

Anyway I’ll post the email here tomorrow morning for you and fingers crossed that does the trick  

wanderer25

Not that I can recall - just your standards returns form to print and complete (with the same information as their website on it)

Amazing, thank you so much for your help 

the_lunatic_is_in_my_head

Morning OP, no worries  

Please check for typos, etc before sending but I would go with something along the lines of the below.

One thing to note OP, assuming I'm looking at the right company, the current status of their Limited Company is not positive, there has been an attempt to strike the company off which has been suspended but their company accounts are over due, I think the company will fold at some point. 

I wouldn't risk small claims on this one, if the shoes were over £100 and you paid with a credit card you'd have cover with the card company. If under £100 or on a debit card, the chargeback process doesn't cover change of mind sadly. 

I was optimistic until looking at their company status, hopefully the email will do the job of them refunding you simply so they don't have to deal with the matter any further 

Keep us updated if you can, always helpful to others to hear how things turned out (and interesting for us regular posters)  

-------------------------------------------------------------------------------------------------------

Dear Taboo Boutique

I am writing with regards to order number xx, as previously discussed I have returned the order due to changing my mind yet there was a claim by yourselves the shoes showed signs of wear and currently you have advised that I may provide a label for you to return the shoes to me. 

An order placed on a website is classed as a distance contract and as I am a consumer you are required to provide the information in Schedule 2 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

Notably

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

Having reviewed the returns page and terms & conditions page on your website I don't see this information present. If you are under the impression your return policy complies with the right to cancel, it unfortunately doesn't as the timeframes are incorrect and linking the condition of the goods to the right to cancel is not listed as a limit of application for Part 3. 

Equally for a distance contract you are also required to provide the information in Schedule 2 via a durable manner no later than delivery of the goods, having reviewed the order emails and paperwork included with the goods, again this information has not been provided. 

Where the trader fails to provide the required information the extended cancellation period of 1 year and 14 days applies:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

I am hereby notifying you that I am exercising my right to cancel the contract in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

As a result a refund is due within 14 days of this notification. 

With regards to the condition of the shoes, I do dispute that the wear was present at the time the return was delivered to you however this is academic. 

The legislation affords the trader the opportunity of reducing the refund for any diminished value due to the consumer's "excessive" handling of the goods, however this opportunity does not apply where the trader has failed to provide the required information regarding the right to cancel. 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

As a result a full refund is due.

Having sought advice on the matter I believe my position to be correct and as a result do not wish to engage in further discussion on the matter. If the refund is not received within 14 days of this notification I shall send a "letter before action "to your registered address reiterating the above along with a formal deadline for the refund with note that should that fail to occur I shall commence small claims proceedings without further notice. 

Thank you in advance for your attention to this matter and I look forward to resolving this matter in a prompt and amicable manner.

Sincerely,
wanderer25