Distance Selling Regulations - Re: refund of sale items

JayForr

I have recently purchased two sale items from a UK based online clothing store. 

A pair of trousers that didn’t fit and secondly a same smaller pair that I changed my mind about keeping before it arrived. 

I returned them immediately within the first week of receiving them both and requested a refund to the original method of payment how I was refunded as gift-card credit instead.

After emailing them to explain, I was told sale goods are non refundable to original purchase method (card) but only a gift card refund - this was all in the terms and conditions apparently (which I honestly didn’t read).

Am I still protected under distance selling regulations? Would anyone have any idea on how I could get my money back.

Frankly, there is nothing else sold on their online shop that I want or am interested in.

Many thanks for any help on this.

sheramber

Who  is the retailer?

DullGreyGuy

JayForr said:

I have recently purchased two sale items from a UK based online clothing store. 

A pair of trousers that didn’t fit and secondly a same smaller pair that I changed my mind about keeping before it arrived. 

I returned them immediately within the first week of receiving them both and requested a refund to the original method of payment how I was refunded as gift-card credit instead.

After emailing them to explain, I was told sale goods are non refundable to original purchase method (card) but only a gift card refund - this was all in the terms and conditions apparently (which I honestly didn’t read).

Am I still protected under distance selling regulations? Would anyone have any idea on how I could get my money back.

Frankly, there is nothing else sold on their online shop that I want or am interested in.

Many thanks for any help on this.

As long as you returned them under the Consumer Contracts Regulations, that replaced the Distance Selling Regulations, rather than their return policy then yes. On the basis you did successfully return the goods I assume this is a UK based company? Plenty assume websites are UK based but they actually arent. 

soolin

DullGreyGuy said:

JayForr said:

I have recently purchased two sale items from a UK based online clothing store. 

A pair of trousers that didn’t fit and secondly a same smaller pair that I changed my mind about keeping before it arrived. 

I returned them immediately within the first week of receiving them both and requested a refund to the original method of payment how I was refunded as gift-card credit instead.

After emailing them to explain, I was told sale goods are non refundable to original purchase method (card) but only a gift card refund - this was all in the terms and conditions apparently (which I honestly didn’t read).

Am I still protected under distance selling regulations? Would anyone have any idea on how I could get my money back.

Frankly, there is nothing else sold on their online shop that I want or am interested in.

Many thanks for any help on this.

As long as you returned them under the Consumer Contracts Regulations, that replaced the Distance Selling Regulations, rather than their return policy then yes. On the basis you did successfully return the goods I assume this is a UK based company? Plenty assume websites are UK based but they actually arent. 

Exactly what I was going to ask - are they really a UK company - OP you can name them here as MSE has just done a great article about some companies having non compliant T and cs so people will be able to advise you better. 

Renfrewman

soolin said:

DullGreyGuy said:

JayForr said:

I have recently purchased two sale items from a UK based online clothing store. 

A pair of trousers that didn’t fit and secondly a same smaller pair that I changed my mind about keeping before it arrived. 

I returned them immediately within the first week of receiving them both and requested a refund to the original method of payment how I was refunded as gift-card credit instead.

After emailing them to explain, I was told sale goods are non refundable to original purchase method (card) but only a gift card refund - this was all in the terms and conditions apparently (which I honestly didn’t read).

Am I still protected under distance selling regulations? Would anyone have any idea on how I could get my money back.

Frankly, there is nothing else sold on their online shop that I want or am interested in.

Many thanks for any help on this.

As long as you returned them under the Consumer Contracts Regulations, that replaced the Distance Selling Regulations, rather than their return policy then yes. On the basis you did successfully return the goods I assume this is a UK based company? Plenty assume websites are UK based but they actually arent. 

Exactly what I was going to ask - are they really a UK company - OP you can name them here as MSE has just done a great article about some companies having non compliant T and cs so people will be able to advise you better. 

It has been pointed out by several people that it wasn't a great article.

JayForr

Thanks for all your responses.

The retailer is called Bound - website is www.wearebound.co.uk

born_again

JayForr said:

Thanks for all your responses.

The retailer is called Bound - website is www.wearebound.co.uk

The store is now closed for 'bound x botha' preparation. The site will re-open again at 18:00GMT. If you signed up for early access, please make sure you check your emails. Join our Discord or Instagram Channel below for VIP early access.

Another Shopify site.....

Odds on not being a UK company

JayForr

On companies house they have an address registered in Manchester. 

Okell

DullGreyGuy said:

JayForr said:

I have recently purchased two sale items from a UK based online clothing store. 

A pair of trousers that didn’t fit and secondly a same smaller pair that I changed my mind about keeping before it arrived. 

I returned them immediately within the first week of receiving them both and requested a refund to the original method of payment how I was refunded as gift-card credit instead.

After emailing them to explain, I was told sale goods are non refundable to original purchase method (card) but only a gift card refund - this was all in the terms and conditions apparently (which I honestly didn’t read).

Am I still protected under distance selling regulations? Would anyone have any idea on how I could get my money back.

Frankly, there is nothing else sold on their online shop that I want or am interested in.

Many thanks for any help on this.

As long as you returned them under the Consumer Contracts Regulations, that replaced the Distance Selling Regulations, rather than their return policy then yes...

Isn't the important point whether the OP clearly told the seller that they were cancelling the contract, and didn't just return the goods for a "refund" without saying what they were doing?

DullGreyGuy

born_again said:

JayForr said:

Thanks for all your responses.

The retailer is called Bound - website is www.wearebound.co.uk

The store is now closed for 'bound x botha' preparation. The site will re-open again at 18:00GMT. If you signed up for early access, please make sure you check your emails. Join our Discord or Instagram Channel below for VIP early access.

Another Shopify site.....

Odds on not being a UK company

Millions of legitimate businesses use Shopify, whilst it does seem to be the platform of choice for those far east sellers who love London in their branding its not a good assumption that all Spotify sites are cons.

The fact they are closed for a launch to me points more to a small UK business than an overseas one.

JayForr said:

On companies house they have an address registered in Manchester. 

The aforementioned overseas entities often do too but their address is often either a forwarding address or a wrong address. Some have companies registered in various other countries too despite claiming to be in the UK. One "London" company the other day was registered in the Netherlands. 

Based on that they are actually filing proper accounts it seems more likely they are in the UK. Its odd they say their site will reopen at 18:00 GMT when the UK is current in BST (GMT+1hr) but can't see the other tell tale signs until the site is back

born_again

JayForr said:

On companies house they have an address registered in Manchester. 

2 clothing co's at that address 
wearebound & unik clothing, with same single director & S newton investments, same director

Another SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

So is this the same company?

No address listed on the site.
No company No on site.