Refused refund because items showed signs of 'wear'

user1977

the_lunatic_is_in_my_head said:

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. 

Think you're looking at their old company, the company number listed on the website is this one (incorporated only in October, which isn't much more reassuring):

https://find-and-update.company-information.service.gov.uk/company/15241646

the_lunatic_is_in_my_head

user1977 said:

the_lunatic_is_in_my_head said:

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. 

Think you're looking at their old company, the company number listed on the website is this one (incorporated only in October, which isn't much more reassuring):

https://find-and-update.company-information.service.gov.uk/company/15241646

Thanks @user1977

I don't know why the name on the newer company doesn't link to previous companies but seems to be 3 companies (plus the one you've linked to) 2 of which are dissolved and one with overdue accounts. 

I think the latest would fold as well if they ended up with a claim against, although perhaps not, seems a bit risky  

born_again

All I can say, is check address on google maps. It is not a nice area of Leeds. Places come & go on a very regular basis.

ArbitraryRandom

I'm getting old, but all I can think is those shoes look VERY uncomfortable... 

wanderer25

ArbitraryRandom said:

I'm getting old, but all I can think is those shoes look VERY uncomfortable... 

I honestly don't know how anyone could walk in some of them...the pair I bought were pretty normal in comparison!

wanderer25

Thanks @the_lunatic_is_in_my_head - I've sent that over to them and will let you know the outcome. Fingers crossed! 

wanderer25

Just received a response as follows:

Good afternoon,

Please accept this email as acknowledgment of the email sent by yourself dated 19th January 2024 outlined below.

We do not dispute that you returned your item within the allotted timeframes however the item returned was soiled due to wear and as such the returned item is not eligible for a refund.

You are absolutely correct that you have return and cancellation rights however it is your responsibility to ensure the item is cared for whilst in your possession and is returned in the same condition it was delivered to you in which in this instance you failed to do and as such you are not eligible for a refund.

With regards to the regulations you cite we would kindly refer you to the terms as outlined on the reverse of the invoice accompanying your delivered purchase and would again remind you that the regulations you refer to are based on you returning the goods to us in an as new saleable condition which you did fail to do in this instance.

Wishing you a lovely afternoon.

Interestingly I had requested to see photos of the wear that they have referred to and they have failed to send me anything. I've requested this again...honestly infuriating!

ArbitraryRandom

None of their terms and conditions can remove or reduce your statutory rights - and those rights include the right to inspect the goods/you dispute the shoes were soiled when you returned them.  

I agree with @the_lunatic_is_in_my_head that I wouldn't take this to court, but your last message threatened the next step was letter before action (and they're free to send). Alternatively you could try a chargeback with your debit card.

Lunatic will advise better about the cancellation regs, but I'd say the key either way is to reiterate that you dispute the items were soiled when you sent them back and that you had only tried them on/handled them as required to inspect them according to your statutory rights.  

the_lunatic_is_in_my_head

wanderer25 said:

Just received a response as follows:

Good afternoon,

Please accept this email as acknowledgment of the email sent by yourself dated 19th January 2024 outlined below.

We do not dispute that you returned your item within the allotted timeframes however the item returned was soiled due to wear and as such the returned item is not eligible for a refund.

You are absolutely correct that you have return and cancellation rights however it is your responsibility to ensure the item is cared for whilst in your possession and is returned in the same condition it was delivered to you in which in this instance you failed to do and as such you are not eligible for a refund.

With regards to the regulations you cite we would kindly refer you to the terms as outlined on the reverse of the invoice accompanying your delivered purchase and would again remind you that the regulations you refer to are based on you returning the goods to us in an as new saleable condition which you did fail to do in this instance.

Wishing you a lovely afternoon.

Interestingly I had requested to see photos of the wear that they have referred to and they have failed to send me anything. I've requested this again...honestly infuriating!

They misunderstand the regs. 

Do you still have this OP? If so can you post a photo (with personal info redated) please? 

wanderer25

@the_lunatic_is_in_my_head I have a feeling that there was no invoice in the parcel. The reason I say that is because it states on the website 'If You're In The UK Simply Fill In The RMA Form On The Back Of Your Invoice' but I definitely had to reprint the RMA form from their website. Regardless I believe these are the terms that they are talking about:

https://tabooboutique.co.uk/media/pleaser-brand-page/taboo-rma-form3.pdf