Refused refund

tomatoebubble

I returned a parcel to Nike via InPost earlier this year, but the refund has been refused - i've provided delivery tracking confirming it was successfully returned within the time frame and contacted InPost who've confirmed the same and opened a case with Nike.

After several webchats with Nike they've now said they 'couldn't process the refund because the information in the warehouse didn't match the information of the item' but cant provide any info on what doesn't match.

When i've asked for the parcel to be returned to me they've said it's not an option. So i'm being chased for payment for an item I don't have. 

The payment was also made through Klarna so i'm going to be charged for late payment fees soon.

What are my rights here?

Aylesbury_Duck

Who organised and paid for the return?  You, or Nike?

tomatoebubble

Aylesbury_Duck said:

Who organised and paid for the return?  You, or Nike?

i organised the return on the nike website, it was free.

Newbie_John

Well they cannot keep the item and the money.
Myabe it's just taking time? 

If the item was returned, contained the right unused product with all the labels etc. then I'm not sure what there issue could be - have you returned anything before to them? 

Ask them how long will it take? Not sure how Klarna works, can you not just pay it off to avoid fees and then they will issue you a refund when they receive money?

tomatoebubble

Newbie_John said:

Well they cannot keep the item and the money.
Myabe it's just taking time? 

If the item was returned, contained the right unused product with all the labels etc. then I'm not sure what there issue could be - have you returned anything before to them? 

Ask them how long will it take? Not sure how Klarna works, can you not just pay it off to avoid fees and then they will issue you a refund when they receive money?

i dont think it's taking time, they've said several times they wont refund or return the item to me. examples below

i have returned items to nike before and found them very helpful 

i didnt want to pay it off becuase then they have no reason to respond to me

Aylesbury_Duck

It may be sensible to pay the debt, otherwise you'll be dealing with two organisations for two things: the missing product with Nike and a dispute about payment with Klarna.  I don't see your non-payment providing you any leverage, you appear to be dealing with incompetence or maladministration, neither of which is going to be influenced by you withholding payment.

Ms_Chocaholic

I once had an issue with Next some years ago, I returned a parcel by post of items I hadn't even tried on (they had arrived too late for my holiday) and received a call from Next re the items in the package didn't match what they had sent, it appears that they had sent a wrong item and I hadn't checked each item to see if it was correct before returning them all - could this be the same with yours or did you receive the correct item.

Okell

tomatoebubble said:

I returned a parcel to Nike via InPost earlier this year, but the refund has been refused... 

I don't suppose that you told Nike that you were exercising your statutory right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a distance contract, did you?

If you had you could try to argue with them that under reg 34(5)(b) they are apparently obliged to refund you within 14 days of you providing "... evidence of having sent the goods back".  Of course you could still try that line of argument but they might counter that you hadn't actually exercised your right to cancel under the regulations and had simply returned the goods under their own returns policy.

Why did you return the goods and why exactly are Nike refusing to refund?

Did Nike (1) send you the wrong goods in the first place and they are now saying that what you returned doesn't match what they think they sent you, or (2) did they send you the right goods which you returned, but they are claiming that you sent back something else?

savergrant

tomatoebubble said:

I returned a parcel to Nike via InPost earlier this year, but the refund has been refused - i've provided delivery tracking confirming it was successfully returned within the time frame and contacted InPost who've confirmed the same and opened a case with Nike.

After several webchats with Nike they've now said they 'couldn't process the refund because the information in the warehouse didn't match the information of the item' but cant provide any info on what doesn't match.

When i've asked for the parcel to be returned to me they've said it's not an option. So i'm being chased for payment for an item I don't have. 

The payment was also made through Klarna so i'm going to be charged for late payment fees soon.

What are my rights here?

Was it the only item on the order?
Did all the details on the label/packaging match the order documentation?
Perhaps they believe the item they sent has been substituted for a fake product?

savergrant

What was the price of the item?
As you purchased it through credit you may have rights of recourse against the lender, although that may be tricky if Nike say you haven't returned the item that was purchased.
If they are refusing to refund they should return the item they received to you, but not necessarily the package as it may have been destroyed after opening.
If they believe there is evidence of a crime having been committed they should have passed the item and return claim to the police.

savergrant

Okell said:

tomatoebubble said:

I returned a parcel to Nike via InPost earlier this year, but the refund has been refused... 

I don't suppose that you told Nike that you were exercising your statutory right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a distance contract, did you?

If you had you could try to argue with them that under reg 34(5)(b) they are apparently obliged to refund you within 14 days of you providing "... evidence of having sent the goods back".  Of course you could still try that line of argument but they might counter that you hadn't actually exercised your right to cancel under the regulations and had simply returned the goods under their own returns policy.

Why did you return the goods and why exactly are Nike refusing to refund?

Did Nike (1) send you the wrong goods in the first place and they are now saying that what you returned doesn't match what they think they sent you, or (2) did they send you the right goods which you returned, but they are claiming that you sent back something else?

Unfortunately Nike are saying that they have evidence that the goods weren't returned, and that a different item has been returned instead. Presumably the op was unaware that the item they received was not correct?
Claiming that you are enforcing your statutory right to reject would only imply that having inspected the goods you have decided they do not meet your needs, if the item sent was incorrect then it is advisable to be upfront and tell them they have sent the wrong item.
I had this a year or two back when I received a child's blouse in a bag, the size on the bag was correct but the blouse was a smaller size. I would guess that it had previously been returned in the wrong packaging. Having been warned upfront that the item I was returning did not match the pack note the retailer was very quick to refund and give free shipping for a future order.
If however I had just said 'I don't like it' they could easily have concluded that I had intentionally returned the wrong item.

So my question to the op is;
Are you sure the item you received completely matches the description? And if not, did you make Nike aware of that before returning it?