Refund rights - disagreement with Selfridges

Xti

Hi everyone, I’ve reached a bit of a stale mate with Selfridges. I bought a bag from them as a birthday present, ordered it online and received the bag in a parcel. 

When I opened it, it didn’t look how I expected. I sent it back exactly the way I received it - unworn and with all packaging as it was sent to me. 

There was no fault with the bag.

I sent it back asking for a refund. I’ve then since been contacted by selfridges to say the tags are missing from the bag. This really confused me as I sent it back exactly how it was sent to me. I made the decision really quickly that it wasn’t the right bag so it was never worn. I don’t recall seeing any tags in the parcel but I didn’t question the fact they weren’t there.

Ive gone back to them to say i sent the bag back exactly how I received it. They’ve said they’ve checked cctv and have seen the tags were there when the bag was shipped to me. They are refusing to refund me.

What would you do, do I have any rights here to get a refund? It feels like me (small person) against a large company?

Alderbank

What date did you receive and inspect the bag?
Since this is an online purchase your statutory consumer right is to cancel the contract and return the bag for a refund.
This is your Right to Cancel in Part 3(29) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Provided you make clear to the seller that you are cancelling the contract under those regulations and you are within 14 days of receiving it, Selfridges can't refuse. They can't charge a fee as such either but if you have handled the goods beyond what you would expect to be able to do in a shop they can deduct any reduction in value from your refund.

If you are still in date, tell Selfridges you are cancelling under the above regs and see what they say.

Xti

Thank you for this. I received the bag on the 20 June and they confirmed they had received the return on 26 June - so all well within 14 days.

Ive just emailed them as you’ve suggested, will post back here what they say. 

Okell

Xti said:

... Ive just emailed them as you’ve suggested, will post back here what they say. 

Just to be clear - you've told them that you are cancelling the contract?

Xti

Yes, that’s right

Xti

Just heard back and they’ve said they won’t overturn the decision as they do not accept returns where the tags have been removed. My issue is that I never removed any tags, I sent it back exactly how I received it. If there is any further advice I’d more than welcome it. 

Alderbank

That's fine.

You have cancelled the contract. The seller must reimburse all payments, other than payments for delivery, and must do so within 14 days.

If they wish they can attempt to reduce the refund but they have not yet done so.

Remind them of their statutory duty in reg.34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Okell

Xti said:

Just heard back and they’ve said they won’t overturn the decision as they do not accept returns where the tags have been removed. My issue is that I never removed any tags, I sent it back exactly how I received it. If there is any further advice I’d more than welcome it. 

If you've (1) clearly told them within 14 days of delivery that you are cancelling a distance contract, and (2) you have returned the goods to them within a further 14 days, then they have no choice but to accept your return.  The law does not allow them to reject it.

As @Alderbank has said, they are entitled to reduce your refund to reflect any loss of value in the bag, but if all they have to do is to replace the tags, the loss in value can't be more than nominal and so any reduction in refund should be purely nominal.

Go back to them and emphasise that when you told them you were cancelling the contract, (1) you were exercising your statutory right to cancel a distance contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and (2) they are not permitted by law to prevent you from exercising that right.  Make sure they understand that you were not returning the bag under their own returns policy.

(You can also refer them to para 12.1 of their own T&Cs which outlines your statutory right to cancel under the above regs and says nothing about needing to have the original tags - whether you removed them or whether they were removed when you received the bag:  Terms & Conditions | Info | Selfridges )

sheramber

Okell said:

Xti said:

Just heard back and they’ve said they won’t overturn the decision as they do not accept returns where the tags have been removed. My issue is that I never removed any tags, I sent it back exactly how I received it. If there is any further advice I’d more than welcome it. 

If you've (1) clearly told them within 14 days of delivery that you are cancelling a distance contract, and (2) you have returned the goods to them within a further 14 days, then they have no choice but to accept your return.  The law does not allow them to reject it.

As @Alderbank has said, they are entitled to reduce your refund to reflect any loss of value in the bag, but if all they have to do is to replace the tags, the loss in value can't be more than nominal and so any reduction in refund should be purely nominal.

Go back to them and emphasise that when you told them you were cancelling the contract, (1) you were exercising your statutory right to cancel a distance contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and (2) they are not permitted by law to prevent you from exercising that right.  Make sure they understand that you were not returning the bag under their own returns policy.

(You can also refer them to para 12.1 of their own T&Cs which outlines your statutory right to cancel under the above regs and says nothing about needing to have the original tags - whether you removed them or whether they were removed when you received the bag:  Terms & Conditions | Info | Selfridges )

The missing tags could be the manufacturer’s brand tags, which Selfridges won’t be able to replace. 

Hoenir

Xti said:

Ive gone back to them to say i sent the bag back exactly how I received it. They’ve said they’ve checked cctv and have seen the tags were there when the bag was shipped to me. They are refusing to refund me.

Many companies now use such processess due to the level of fraudulent claims made. Not unknown for items to be used or substituted with counterfeit items. 

Alderbank

The OP has given no more details other than the item is "a bag".

Selfridges sell an enormous variety of bags, ranging from kids' bags at £12 to Gucci in excess of £5,000. Many of their designer bags have four figure prices.

With designer bags, tags aren't little pasteboard price tags tied to the handle with a bit of string. Tags are inside the bag, often leather and usually sewn or glued in place, and they carry proof of authenticity such as serial numbers and maker's holograms.
Bags can be sold without tags and sometimes missing tags can be replaced.  However they must be clearly advertised as "missing tags" or "non-original tags" when sold and this does affect price and desirability.

I can well believe that prudent retailers open bags and photograph the tags before sending them out mail order to customers.

Here is an interesting article. Annoyingly, the section "Impact on Retail Value" doesn't give any actual examples.
https://shopluxuryinreach.com/kb/can-i-sell-luxury-handbags-with-missing-or-non-original-designer-tags-or-labels-on-reseller-websites/#:~:text=Missing%20or%20non%2Doriginal%20designer%20tags%20can%20have%20an%20impact,missing%20or%20non%2Doriginal%20tags.