Retailer won't accept partial return of an order

chip2000

Hi all

Can I get your opinion on this please. 

I recently bought two different styles of tiles for two different rooms online.

I've used one set of tiles and have changed my mind about the other tiles.

Its fairly common across the industry to not accept returns of boxes of unused tiles as they are produced in batches so there could be slight colour variations which means they might not be able to resell them which is fair enough.

I want to return the entirety of one style of tile, however they are refusing on the basis that they don't accept the return of surplus tiles and it applies across the entire order.

This is what their T&Cs says:

Please note: We do not accept returns or issue refunds for surplus packs of tiles or accessories remaining from completed orders.

I am currently disputing this with my credit card company but I don't think they have the final say in the eyes of the law. If I win the dispute but the retailer decides to pursue me for compensation would they likely win?

My request to return happened within 14 days of receiving the tiles.

Mark_d

Your credit card company would only execute the chargeback if you have a valid case against the merchant.  It doesn't look like this is the case.

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

eskbanker

Mark_d said:

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

Company Ts & Cs can't override statutory rights, so OP is legally entitled to return an online purchase within 14 days, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

chip2000

Mark_d said:

Your credit card company would only execute the chargeback if you have a valid case against the merchant.  It doesn't look like this is the case.

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

This is what I wanted to check. Do their T&Cs overrule distance selling regulations? Or does the distance selling regulations allow a retailer to only accept full returns and not partial returns.

Aylesbury_Duck

Mark_d said:

Your credit card company would only execute the chargeback if you have a valid case against the merchant.  It doesn't look like this is the case.

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

I think OP has a right to return them under what used to be called the distance selling regs, though.  They've met the 14 day deadline.  Where they may have a problem is if the retailer knows that OP went into the store, viewed and chose the tiles and then ordered them online.  In those circumstances, I don't think OP has a statutory right to a return.

Edited to add: OP asks a good question about partial returns, to which I don't know the answer.  If the regs are that the whole order needs to be cancelled, then OP can't fulfil that because the other half is now on the wall/floor.

MyRealNameToo

chip2000 said:

Hi all

Can I get your opinion on this please. 

I recently bought two different styles of tiles for two different rooms online.

I've used one set of tiles and have changed my mind about the other tiles.

Its fairly common across the industry to not accept returns of boxes of unused tiles as they are produced in batches so there could be slight colour variations which means they might not be able to resell them which is fair enough.

I want to return the entirety of one style of tile, however they are refusing on the basis that they don't accept the return of surplus tiles and it applies across the entire order.

This is what their T&Cs says:

Please note: We do not accept returns or issue refunds for surplus packs of tiles or accessories remaining from completed orders.

I am currently disputing this with my credit card company but I don't think they have the final say in the eyes of the law. If I win the dispute but the retailer decides to pursue me for compensation would they likely win?

My request to return happened within 14 days of receiving the tiles.

How did you buy them? Online or in a shop?

chip2000

All ordered and paid for online. It was click and collect and the first time I set foot in the shop was when I collected them. 

mta999

You are indeed entitled to return the order if you bought online within 14 days however you must return the whole order

Mark_d

eskbanker said:

Mark_d said:

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

Company Ts & Cs can't override statutory rights, so OP is legally entitled to return an online purchase within 14 days, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Do you think CCR gives you the right to make a partial return of the order?

Mark_d

Aylesbury_Duck said:

Mark_d said:

Your credit card company would only execute the chargeback if you have a valid case against the merchant.  It doesn't look like this is the case.

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

I think OP has a right to return them under what used to be called the distance selling regs, though.  They've met the 14 day deadline.  Where they may have a problem is if the retailer knows that OP went into the store, viewed and chose the tiles and then ordered them online.  In those circumstances, I don't think OP has a statutory right to a return.

Edited to add: OP asks a good question about partial returns, to which I don't know the answer.  If the regs are that the whole order needs to be cancelled, then OP can't fulfil that because the other half is now on the wall/floor.

The regs allow the consumer to cancel/return an order.  Returning surplus tiles equates to a partial return.  How do you think 14 days makes a difference here?

Aylesbury_Duck

Mark_d said:

Aylesbury_Duck said:

Mark_d said:

Your credit card company would only execute the chargeback if you have a valid case against the merchant.  It doesn't look like this is the case.

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

I think OP has a right to return them under what used to be called the distance selling regs, though.  They've met the 14 day deadline.  Where they may have a problem is if the retailer knows that OP went into the store, viewed and chose the tiles and then ordered them online.  In those circumstances, I don't think OP has a statutory right to a return.

Edited to add: OP asks a good question about partial returns, to which I don't know the answer.  If the regs are that the whole order needs to be cancelled, then OP can't fulfil that because the other half is now on the wall/floor.

The regs allow the consumer to cancel/return an order.  Returning surplus tiles equates to a partial return.  How do you think 14 days makes a difference here?

That was precisely my point in the edited part. I don't know.

As I understand it, OP has bought boxes of tile A and boxes of tile B.  They've used the A tiles (and may have some left, but don't want to return the surplus of those), but haven't touched the B tiles and would like to return them.  If the regs don't allow partial returns of an online order then 14 days makes no difference.

If I buy a teddy bear and a jumper online in one order, realise the jumper doesn't fit and want to return it immediately, do I have a statutory right to do so for a refund, or can I only do so if I return both items (and re-purchase the bear if I still want it)?