Help With Returns Problem Please

Anoneemoose

Hi,

Background: I bought some clothes from a lesser known website (checked their returns policy which was fine, TP reviews were good, lots of positive stuff online and my son’s friend had bought from them with no problems). I paid on a CC, and it was over £100. 

I ordered three items, two of which need to be returned - one of them too big and have since ordered and received the smaller size which we’re happy with - and the other just as a change of mind. 

When I accessed the returns portal on one of the items it says “not eligible for return”. There is no explanation on there as to why. 

None of the the items are personalised,  bespoke, perishable, security sealed or anything that would normally prevent a return. 

After searching their site I noticed that only some of the items have the disclaimer “WE ARE UNABLE TO ACCEPT RETURNS OR EXCHANGES ON DISCOUNTED ITEMS.” underneath them (including the one they’re not allowing return for). For a start even if they were discounted, I didn’t think they could refuse a return for that reason only, but as it happens there was no indication of them being discounted in any way. Nothing on the website (I’ve taken screen shots), nor on my order. 

I’ve emailed them to ask them how I go about returning them for a refund, explaining that they weren’t discounted but after finding one TP review where somone else had a similar issue and they didn’t respond, I want to be prepared for if they’re awkward. Especially with the potential for postal delays.

I understand I could potentially do a S.75 claim, which I will if needed, but what I’m most confused about is do I send the one back that they will ‘allow’ on its own to get the refund and then deal with the other item separately or do I send them both back together and risk them ignoringe? Can anyone help with which is the best way to go about it please. 

Thank you,

Anon

Alderbank

Anoneemoose said:

I understand I could potentially do a S.75 claim, which I will if needed, but what I’m most confused about is do I send the one back that they will ‘allow’ on its own to get the refund and then deal with the other item separately or do I send them both back together and risk them ignoringe? Can anyone help with which is the best way to go about it please. 

You say the total for 3 separate items is 'over £100'.
What was the cost of the item in dispute? It must be in excess of £100 to pursue a s75 claim.

What was this 'lesser known website'?

Anoneemoose

@Alderbank

The item in question is exactly £100. 

And the website is one I’d never heard of. It’s a small business based in London and I just added that info to show I’d researched as best I could to mitigate anything like this happening. 

Anoneemoose

Looks like S.75 won’t be doable because of it being exactly £100. Chargeback might work instead. 

born_again

Anoneemoose said:

@Alderbank

The item in question is exactly £100. 

And the website is one I’d never heard of. It’s a small business based in London and I just added that info to show I’d researched as best I could to mitigate anything like this happening. 

Does the retailer happen to be (their name) - London???
Did it come up on social media?

Link to site?

Anoneemoose

@born_again

Hi,

It’s Named Collective. 

Link to their returns policy:

https://namedcollective.com/pages/returns?srsltid=AfmBOop8ooIJrqv-UezfUak-x4VEt7i7Trdp1uDgPELeDpNXBlP-f5vQ

And link to item in question:

 You’ll see the ‘please note’ about not being able to return discounted items, but also that the item shows no indication of being discounted.

https://namedcollective.com/products/signature-super-baggy-jeans-washed-black

I don’t think it was social media - my son’s friend told him about the site.

Jenni_D

Seller T&Cs cannot overrule statute ... as this was an online transaction then you are at liberty to return any and all of the goods for whatever reason and they must accept them back. What transpires next is whether they deem your handling of the goods to have reduced their value, for which they can try to limit the amount of refund. However they cannot flatly refuse returns on goods simply because they were in a sale/discounted ... regardless of whether or not the listing had made it clear that it was a sale/discounted item.

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Part 3.

Anoneemoose

@Jenni_D Thank you. I thought this was the case. They have only been handled as they would have in a shop, which I think is what the comparison is. I’ve taken photos from flat and at each stage of folding them back up with the tissue etc so if they try to cite that as a reason they’ll have a fight on their hands.

My more immediate concern is if I don’t hear from them in the next day or two, should I return just the one they will allow or both of them together? I suppose if I send both back I can put a covering letter in stating the Consumer Contracts Regulations information and then if they continue with being awkward, I’ll try chargeback. 

born_again

Anoneemoose said:

@born_again

Hi,

It’s Named Collective. 

Link to their returns policy:

https://namedcollective.com/pages/returns?srsltid=AfmBOop8ooIJrqv-UezfUak-x4VEt7i7Trdp1uDgPELeDpNXBlP-f5vQ

And link to item in question:

 You’ll see the ‘please note’ about not being able to return discounted items, but also that the item shows no indication of being discounted.

https://namedcollective.com/products/signature-super-baggy-jeans-washed-black

I don’t think it was social media - my son’s friend told him about the site.

Well even looking at the jobs avaiable there is not a single mention of a address, other than London.

According to their facebook page
https://find-and-update.company-information.service.gov.uk/company/14460708
look through names & previous companies. 

Is there any address on the invoice etc. That would allow a return?

As hard to see how you could take them to court.

Anoneemoose

born_again said:

Anoneemoose said:

@born_again

Hi,

It’s Named Collective. 

Link to their returns policy:

https://namedcollective.com/pages/returns?srsltid=AfmBOop8ooIJrqv-UezfUak-x4VEt7i7Trdp1uDgPELeDpNXBlP-f5vQ

And link to item in question:

 You’ll see the ‘please note’ about not being able to return discounted items, but also that the item shows no indication of being discounted.

https://namedcollective.com/products/signature-super-baggy-jeans-washed-black

I don’t think it was social media - my son’s friend told him about the site.

Well even looking at the jobs avaiable there is not a single mention of a address, other than London.

According to their facebook page
https://find-and-update.company-information.service.gov.uk/company/14460708
look through names & previous companies. 

Is there any address on the invoice etc. That would allow a return?

As hard to see how you could take them to court.

Not that I can see, in fact I don’t think there is in an invoice in the package. And checking the order there’s nothing on there. I’m hoping that when I do the returns portal for the other one, there’ll be an address I could use on there. I mean, there will be an address to send it to but of course it potentially could be a drop off type address.