What are my consumer rights

Guss

I bought a 1-piece rain suit for my cycle commute to work. Upon initial use it felt like it wasn't doing the job of keeping the rain out and this was confirmed with subsequent use so within 3 weeks of delivery I emailed the merchant to let them know and they asked I return it to them. This was the beginning of December, but it was a busy time for me, followed by being away over Christmas and sick when I returned it wasn't until the beginning of February that I actually managed to return it. But then it took the merchant another 2 months before I got confirmation of the outcome due to issues on their side with a store reorganisation.

Strangely the supplier copied me into an email (beginning of April) to the merchant and astonishingly it turns out the supplier had already refunded the merchant in December!! I would not have known about this B2B refund if it wasn't for this Supplier's email. Obviously the supplier had issued a refund to the merchant when they heard about the issue I was having hence the immediate B2B refund.

The twist is even though the merchant has been fully refunded from the get go, they now are saying they think it's unfair for them to bear the responsibility of a full refund and they mention their terms of service. So seem to be only willing to refund me the B2B amount not the profit they've made on the suit! Personally I think this is a cheek but where do I stand legally?

Hence why I'm a little confused. Do I have to accept their TOS? Have I scuppered myself by not sending the suit back within the month after receiving it even though I made the complaint about it letting water in within 3 weeks of delivery?

Phoenix72

Is it a UK based retailer? If so, they are taking the proverbial.

Guss

Yes I know they are but legally am I right in demanding a full refund?

It wasn't easy getting an address as their website only seems to have a UK mobile number. But from their company number and checking it on Companies website they were incorporated in Harrow, Middlesex. Director is Lithuanian and details were updated 2024. So I guess yes.

Phoenix72

You are entitled to a full refund but I suspect it won't be easy.

How much and how did you pay?

Alderbank

 ...I'm a little confused. Do I have to accept their TOS?

Well, one of their Terms of Service (implied even if not stated) is that your statutory rights are not affected.

There's no dispute that the suit did not perform as expected so you are entitled by law to full refund including cost of returning it as they requested.

You might have difficulty though in enforcing your rights.

How much did the suit cost and how did you pay for it?

Guss

I paid £140 and they are offering something like £90 which is the B2B price.

I don't understand why would I have difficulty enforcing my rights?

Phoenix72

Because they sound dodgy as. For future ref, stay away from websites that don't have full UK contact details.

If they remain difficult then start a chargeback.

Grumpy_chap

How did the OP make the payment?

Alderbank

I said you might have difficulty because presenting a successful case in court requires quite a lot of careful work and even if you win the seller might simply ignore your CCJ meaning you would have to hire an enforcement office (bailiff) to try to collect. That address in Harrow might be no more than a letter box and the resident of  Lithuania could withdraw his offer of £90 and just refuse to pay anything, leaving you perhaps £250 out of pocket after paying various fees.

Dependent on how you paid, there could be simpler ways to recover your money than suing the seller. Chargeback might be an option or possibly s75 since you paid more than £100.

Guss

Paid by Debit card. BTW Chargebacks are only good for 120 days and my purchase has gone just over that.

Reading this on the main MSE site

This is a nice new addition to our statutory rights. The Consumer Rights Act 2015 changed our right to reject something faulty, and be entitled to a full refund in most cases, from a reasonable time to a fixed period (in most cases) of 30 days. After that, you lose the short-term right to reject the goods and you'll have fewer rights, such as only being able to ask for a repair or replacement, or a full or partial refund if this doesn't work.

Even though I reported an issue well within the 30 days I didn't return it for another 2 months hence why I was wondering, but since I didn't return it in a reasonable time I think I'm stuffed