Refused refund because items showed signs of 'wear'

the_lunatic_is_in_my_head

Thanks OP

I would send one more email (double check for any typos again):

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Dear Taboo Boutique

Thank you for your response, unfortunately your understanding of the legislation is incorrect, there are instances where the right to cancel is lost, known as the Limits of Application to Part 3, with cover situations such as personalised goods or video games which are unsealed after delivery however the condition of the goods is not listed as a limit and as a result can not be used to deny the consumer their right to cancel the contract. 

As previously noted, instead the trader may reduce the refund for diminished value as a result of "excessive" handling  by the consumer however that right is lost is where the incorrect information is provided (for example you state returns maybe made within 14 days however the consumer has 14 days to notify you of the intent to cancel and a further 14 days to return the goods). 

Again I dispute the shoes were returned with any wear but regardless it is academic as your failure to provide the correct information regarding the right to cancel means a full refund is due. 

I have cc'd in West Yorkshire Trading Standards Service to this email, as a consumer they will not engage with me however if you wish they will engage with yourself to provide guidance on this matter and your terms in general with regards to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and how non-compliance is treated under the The Consumer Protection from Unfair Trading Regulations 2008. 

I again would like to request this matter be resolved amicably by way of a full refund to avoid this matter having to be decided via the small claims process. 

Thank you again,
Sincerely,
wanderer25

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I'm not sure about the rules for posting email addresses here but you can see this link:

https://www.gov.uk/find-local-trading-standards-office

and use the postcode for the company as per their website (LS8 5DR).

To cc in you'd usually just paste the second email address in to the "To" line or some providers may have a separate line labelled "cc".

When dealing with big companies they usually stick to policy but there is someone who knows the company obligations, when dealing with independent traders some may not be aware of their obligations but are looking to run a long term business and be happy to adapt. 

This particular situation is tricky as, in my opinion, the previous history of LTDs doesn't inspire confidence, but I may be wrong of course. 

As above you can send a letter before action if the above email doesn't do the trick, there are templates on Google (it's would basically include the first email to detail your position along with a statement that if they don't pay within 28 days (or whatever) you'll begin small claims).

Whilst I'm not suggesting you give in there is always a balance between headache vs reward and if you decided at any point to get the shoes back I would recommend Royal Mail Tracked 24 or 48:

https://send.royalmail.com/

Rather than using a company like Evri.  

wanderer25

@the_lunatic_is_in_my_head Thanks I'll give that a try and then decide what I want to do from there It's the principle more than anything, as I know they are being dishonest. At least my trustpilot review is back up again now!