Online Purchase Item Too Small Return Query

Dave1UK

I purchased a jacket online from BOY London for a relative as they didn't have enough money until the end of the month. They were on sale. The biggest size they have (manufacture) is XL so ordered this but it was a tight fit and too small.

I am still within my 14 days return window, purchase was £120 and paid through PayPal with my credit card. However when going online to see their returns policy they seem to have a new policy specific for the sales? It states 'Black Friday Returns Policy - Please note, all sale items purchased between 8th November and January 1st are EXCHANGE ONLY.'. I didn't see this mentioned throughout the purchase steps. It states this within the items description window if you click on it to expand it (but I had no reason to check as order wasn't for me). They do send an email of the purchase confirmation which also states this but that is already after a contract was formed?

Am I contractually bound by an exchange only or can I push for a refund?

I have already sent an email mentioning my intent and citing the Consumer Rights Act 2015, stating I will be returning the item and the reason for returns. Done this as their returns procedure is a bit unorthodox - you need to send the item back to their stated address and then a refund would be issued but there is no internal system just putting a return slip in the return bag. I will of course be paying for a tracked service.

Any advice on how to proceed or maybe a further email/if they push back would be appreciated.

Okell

[Edit:  you haven't specifically said but I assume you bought online?  If you bought instore the following advice does not apply]

It's not the Consumer Rights Act it's the Consumer contracts (etc) regulations.

Go back and email them again and clearly tell them that you are exercising your statutory right to cancel a distance contract under para 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  

You need to do this within 14 days of the item being delivered to you and you then have a further 14 days in which to return the goods.

They have to pay you a full refund.  Them saying that sale items can only be exchanged has no effect.  Para 34 of the above regs say they must reimburse you the full amount you have paid

TadleyBaggie

Okell said:

[Edit:  you haven't specifically said but I assume you bought online?  If you bought instore the following advice does not apply]

Quite litterally the first word of the title says online.

Okell

TadleyBaggie said:

Okell said:

[Edit:  you haven't specifically said but I assume you bought online?  If you bought instore the following advice does not apply]

Quite litterally the first word of the title says online.

I'm having a "should have gone to specsavers" day today...  

DullGreyGuy

Dave1UK said:

I purchased a jacket online from BOY London for a relative as they didn't have enough money until the end of the month. They were on sale. The biggest size they have (manufacture) is XL so ordered this but it was a tight fit and too small.

I am still within my 14 days return window, purchase was £120 and paid through PayPal with my credit card. However when going online to see their returns policy they seem to have a new policy specific for the sales? It states 'Black Friday Returns Policy - Please note, all sale items purchased between 8th November and January 1st are EXCHANGE ONLY.'. I didn't see this mentioned throughout the purchase steps. It states this within the items description window if you click on it to expand it (but I had no reason to check as order wasn't for me). They do send an email of the purchase confirmation which also states this but that is already after a contract was formed?

Am I contractually bound by an exchange only or can I push for a refund?

I have already sent an email mentioning my intent and citing the Consumer Rights Act 2015, stating I will be returning the item and the reason for returns. Done this as their returns procedure is a bit unorthodox - you need to send the item back to their stated address and then a refund would be issued but there is no internal system just putting a return slip in the return bag. I will of course be paying for a tracked service.

Any advice on how to proceed or maybe a further email/if they push back would be appreciated.

"Too small" is going to be hard to prove under the CRA unless it had measurements and those were proven to be false. 

Consumer Contracts Regulations (CCR) are likely to be more relevant which covers change of mind for distance contracts, which as you say gives you a statutory right of return for a refund for contracts entered at a distance. 

Dave1UK

UPDATE - I ended up sending the item back using a tracked service, item arrived on 27/11/2024 - have proof of delivery. Had no response to both of my initial emails sent few days prior to 27/11/2024. Just now sent them a direct email rather than through their websites 'Contact Us' page - stating when I should expect my refund to be processed.

Their websites Q&A/FAQ states "We want to ensure that our return process is as transparent as possible. If you have returned an item to us and are curious about its status, please check your return parcel's tracking number. If the tracking number indicates that your parcel has been delivered, please rest assured that we aim to process your parcel within 7 working days.". Today would mark the 7th day.

How much longer would it be reasonable to give them? If there is no response from them I am assuming my next step would be to go through my credit card company?

Thanks.

born_again

Not keen on the returns address & looks 

Address tallies to
AMC International LTD - As per T/C
Statement from Oct overdue.

Dave1UK

born_again said:

Not keen on the returns address & looks 

Address tallies to
AMC International LTD - As per T/C
Statement from Oct overdue.

Prior to sending it back I Googled the returns address and came across few other websites with the same returns address. The company/individuals seem to own these as well, as website layout is basically a copy with the exception of logos and few edits. These being 'Boy London', 'Ascardi' and 'Criminal Damage'.

Still haven't received a response from them, I guess I'll be pursuing it through my credit card company as don't see any other options.

born_again

Best bet is via PayPal 1st as that is where payment was made. 

Dave1UK

Opened up a PayPal case, don't expect any progress until 30/12/2024. Not too hopeful with it as the options you can select are limited in regards to the issue that occurred, for some reason their drop down list doesn't allow you to make inputs.

I finally received an email from the seller stating they will basically not be providing a refund but send me an email with a £120 gift card instead - which they did.

Is there a formal way to reject their gift card/basically state that this is being disputed or whatnot? I.e. pushing for a refund instead.

Thanks.