Black Friday Online Returns - retailer refusing

dixon1983

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

MattMattMattUK

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

dixon1983

MattMattMattUK said:

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

Lace and Lush - seen through Facebook. Suspect it's one of many of the same retailers on their based on the influx of adds I've had since.

https://laceandlush.com/pages/returns

TELLIT01

As I understand it, terms imposed by a retailer cannot remove your statutory rights.  On that basis with an online purchase the retailer needs to be informed within 14 days and the item returned within 28 days.

MattMattMattUK

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

Lace and Lush - seen through Facebook. Suspect it's one of many of the same retailers on their based on the influx of adds I've had since.

https://laceandlush.com/pages/returns

They appear to be a Chinese drop shipping company. They do have a Chamber of Commerce registration in The Netherlands under Emperor E-com, but that also looks like it is not the trading entity, potentially just part of the drop ship operation. 

The products people receive appear to be of incredibly low quality and all the positive reviews online look like they are fake reviews. 

dixon1983

MattMattMattUK said:

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

Lace and Lush - seen through Facebook. Suspect it's one of many of the same retailers on their based on the influx of adds I've had since.

https://laceandlush.com/pages/returns

They appear to be a Chinese drop shipping company. They do have a Chamber of Commerce registration in The Netherlands under Emperor E-com, but that also looks like it is not the trading entity, potentially just part of the drop ship operation. 

The products people receive appear to be of incredibly low quality and all the positive reviews online look like they are fake reviews. 

Ah ok, I suspected as much to be honest. Silly mistake.

That said - am I still entitled to pursue further for a full refund? I emailed within 15 minutes asking to cancel, and intend to return as soon as they arrive.

MattMattMattUK

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

Lace and Lush - seen through Facebook. Suspect it's one of many of the same retailers on their based on the influx of adds I've had since.

https://laceandlush.com/pages/returns

They appear to be a Chinese drop shipping company. They do have a Chamber of Commerce registration in The Netherlands under Emperor E-com, but that also looks like it is not the trading entity, potentially just part of the drop ship operation. 

The products people receive appear to be of incredibly low quality and all the positive reviews online look like they are fake reviews. 

Ah ok, I suspected as much to be honest. Silly mistake.

That said - am I still entitled to pursue further for a full refund? I emailed within 15 minutes asking to cancel, and intend to return as soon as they arrive.

You need to establish what legal jurisdiction it falls under, if Chinese then no, if Netherlands then yes, it is certainly not under English law.

You would then need to establish if there is any realistic prospect of recovering the funds, which depends on legal jurisdiction as that then informs your rights based on potentially using Chargeback of Section 75.

Undervalued

MattMattMattUK said:

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

Lace and Lush - seen through Facebook. Suspect it's one of many of the same retailers on their based on the influx of adds I've had since.

https://laceandlush.com/pages/returns

They appear to be a Chinese drop shipping company. They do have a Chamber of Commerce registration in The Netherlands under Emperor E-com, but that also looks like it is not the trading entity, potentially just part of the drop ship operation. 

The products people receive appear to be of incredibly low quality and all the positive reviews online look like they are fake reviews. 

Ah ok, I suspected as much to be honest. Silly mistake.

That said - am I still entitled to pursue further for a full refund? I emailed within 15 minutes asking to cancel, and intend to return as soon as they arrive.

You need to establish what legal jurisdiction it falls under, if Chinese then no, if Netherlands then yes, it is certainly not under English law.

You would then need to establish if there is any realistic prospect of recovering the funds, which depends on legal jurisdiction as that then informs your rights based on potentially using Chargeback of Section 75.

Indeed. This sounds like one of those situations where even if you have the legal right there is no practical way of enforcing it. The danger is that you end up without the goods and the money.

Assuming the item is sent tracked and arrives that will as I understand it rule out a chargeback. If it is over £100 and you paid by credit card then the card company is equally liable to a section 75 claim if retailer fails to refund.

dixon1983

Undervalued said:

MattMattMattUK said:

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

MattMattMattUK said:

dixon1983 said:

Hi All,
Hope you can help.

I made a purchase from an online clothes retailer during Black Friday. Immediately following the purchase I realised they had a BOGOF offer so placed a second order for the same item (plus a free item) and emailed them asking to cancel the first before shipment.

I have received a response this morning advising that they can't do this and furthermore due to their Black Friday returns policy they cannot offer refunds, only store credit or exchange. The returns section of their site does mention this (I did not look at this before placing the order as I thought all retailers had to offer refunds). 

What are my rights here? Should I argue for a refund?

Thanks in advance.

Which retailer?

Lace and Lush - seen through Facebook. Suspect it's one of many of the same retailers on their based on the influx of adds I've had since.

https://laceandlush.com/pages/returns

They appear to be a Chinese drop shipping company. They do have a Chamber of Commerce registration in The Netherlands under Emperor E-com, but that also looks like it is not the trading entity, potentially just part of the drop ship operation. 

The products people receive appear to be of incredibly low quality and all the positive reviews online look like they are fake reviews. 

Ah ok, I suspected as much to be honest. Silly mistake.

That said - am I still entitled to pursue further for a full refund? I emailed within 15 minutes asking to cancel, and intend to return as soon as they arrive.

You need to establish what legal jurisdiction it falls under, if Chinese then no, if Netherlands then yes, it is certainly not under English law.

You would then need to establish if there is any realistic prospect of recovering the funds, which depends on legal jurisdiction as that then informs your rights based on potentially using Chargeback of Section 75.

Indeed. This sounds like one of those situations where even if you have the legal right there is no practical way of enforcing it. The danger is that you end up without the goods and the money.

Assuming the item is sent tracked and arrives that will as I understand it rule out a chargeback. If it is over £100 and you paid by credit card then the card company is equally liable to a section 75 claim if retailer fails to refund.

Thank you.

The 2 separate purchases totalled over £100 but individually were both under £100. Both were paid for with MasterCard Debit.

I'll continue to pursue with them via email and make some noise via TrustPilot (has worked for 1 or 2 people), but have resigned myself to losing out.

molerat

Article 15 of their T&C states US law applies but no mention of a particular state.

Can't see a physical address anywhere.

Their terms clearly mention Black Friday sales are final, a big red flag.

Wouldn't touch them with someone else's barge pole !

user1977

molerat said:

Article 15 of their T&C states US law applies,

And even that is pretty meaningless without specifying which US state.