Help with shop refusing refund

alm721

Can anyone please advise. 9Sorry its long)

I order a couple of babygrows for my son online which were specailly designed for ezcema. (3.03.08) I recived the first one (06.03.08)(2nd one out of stock) and despite following their instructions for ordering the correct size it was a really really bad fit. So I emailed (06.03.08) and asked were to return it. I also asked them to cancel the other one as I'd obviously ordered them both in the same size. After a few days of no response I found their details and returned the item as I did not want to be out of time to return it.
I then emailed again (14.03.08) asking why I had'nt had a respone. I then emailed again (31.03.08) as they still hadn't replied and threatened to do a chargeback if they did not respond.
This time they replied (02.04.08)and said that they had just retrived my mail from their spam filters. They confirmed that they had recieved the parcel back but that it was not in original packaging and ' had the look and odour' of being worn but not washed! They said they would deal with the matter asap and confirmed that delivery of the 2nd suit had been cancelled.

By this point I was really cross and replied (02.04.08) that I had tried this on my son (obviously ) but that was it. I also thought I returned it in correct packaging but conceed that I did pack other things that day so it is possible I put it in the wrong packaging.
Since then I have has no response. I emailed them again on 17.04.08 to ask what was going on but they have not replied. In addition I recieved the 2nd cancelled suit through the post on the 18.04.08 and have today recieved a leeter saying that my card has been charged for it.

Please can anyone help with what to do next!

Thanks

mum2one

I would write to them direct, explain everything again in letter, (I know its going over old ground - method in my madness), point out that you followed their instruction procedure for ordering correct size, yet when the item came it was no where near to fit (or similiar).

Explain that is a standard practice to try clothes on, due to the way the product was marketed that you had no option but to try on at home. Hense the outfit would of not been in packed condition.

Point out that you have copies of all the emails and the ones dated xyz, cancel the order of the 2nd suit, for which their email dated xyz confirmed this matter.

Yet you note that your card was charged £xx.xx for the (2) suits. In your opinon the compnay have let you down on many aspects.

The Sale of goods act - section "fit for purpose" - ie you followed instructions, does not fit, therefore the item is unmerchanisidle.

Distance selling regulations - ie that you have the right to return the item unworn, as mail order you could nto try on.

Charge to card - is actually illegal and a fraudulant transaction, you will be notifying card company, and will provide emails as proof.

You have been trying to sort this matter out since xx/xx/xx and its now xx/xx/xx a time span of x weeks, and you have tried on many ocassions to resolve this issue, unfortunately this has not been the case, that this letter was posted on xx/xx/xx, by special delievery, guarenteed delievery by 1pm xx/xx/xx, you will allow 7 working days for this matter to be resolved successfully. (xx/xx/xx)
This is the out of pocket expenses,
(expenses for 2 suits, any calls made, charge them national minimum wage per hr answering / sending emails and postage). (bluff the extras, but really only want a refund they dont have to know this!!), otherwise you will have no choice but to refer the matter to Trading Standards.

You look forward to hearing from them at their earliest convience

Yours truly


Miss Joe Bloggs

Make sure you post the letter "Special Delievery", cost £4.80, give or take 20p, but they can not deny they get the letter as its couriered to them, at the mo they can hide behind the spam and ignore you, ypu have no proof.

Good luck x

dmg24

Your interpretation of the law is not wholly accurate mum2one.

You are correct that under the DSR you do have a right to cancel within seven days of ordering. However, this is only relevant to the second item, as the first is not so straightforward.

The issue with the first item is that it 'had the look and odour' of being worn but not washed. This to me goes beyond trying an item on - OP, is it possible that your baby had baby lotion or talcum powder applied quite recently, that have transferred to the item?

SOGA is completely irrelevant. All because an item does not fit one person, it does mean it is not fit for purpose!

There is no need to send the letter by Special Delivery. It would be just as effective to send it by Recorded Delivery, which will only cost you £1.06.

andyrules

Agree with dmg re the postage - I always use recorded if I need evidence the letter has arrived - it does the job as it can be tracked to a signature.

As for the 'look and odour' of being worn - it is a fact with all items that have been tried on. many time I've bought, eg shoes, and the right foot one has slightly scuff marks on the sole where someone has walked around the shop whereas the left is perfect! Not a lot retailers can do other than refusing to let people try on. Personally, I think they're trying it on(pun not intended) as their evidence seems a bit airy-fairy - ditto the Spam filter - they should check daily if they know this happens.

mum2one

If the letter is important I would personally pay extra for special delievery, as this is couriered, with recorded delievery, it goesdown the same route as the normal post and this is where the risk ofthe irem going missing can happen.

There are ocassions also when recorded delievery does not get signed for.

dmg24

mum2one wrote: »

If the letter is important I would personally pay extra for special delievery, as this is couriered, with recorded delievery, it goesdown the same route as the normal post and this is where the risk ofthe irem going missing can happen.

There are ocassions also when recorded delievery does not get signed for.

It is not taken by courier, however it is tracked separately to normal post, and at more points than Recorded Delivery.

TBH if a letter is going to go missing, it will go missing however if it sent. Therefore I would rather send it by Recorded and have to resend it by Recorded, than have to resend it by SD (you will be able to claim back postage for lost post by either method, but it is not a simple process)!

Again, it is just as likely that a SD letter will not get signed for than one sent by RD. Both rely on the efficiency of the postman!

You are putting yourself to additional expense when it really isn't needed, especially when you consider the cost of postage compared to the cost of the item (a few letters by SD and you will have spent more than the value of the item)!

alm721

Many Thanks, I've followed the advice given here and written to them mentioning all the above. Hopefully I will hear something back.
Regards

IvanOpinion

Without casting any judgement one can see the point of the company ... I am sure more than one person has got something, worn it and then tried to return it (I know of one person who went out and bought one of those guns that puts applies those little plastic tie ons to garments.

In the case of a baby they grow so fast that what fitted today may not fit at the end of the week. From the dates supplied in the OP though this does not appear to be the case.

ivan

alm721

IvanOpinion wrote: »

Without casting any judgement one can see the point of the company ... I am sure more than one person has got something, worn it and then tried to return it (I know of one person who went out and bought one of those guns that puts applies those little plastic tie ons to garments.

In the case of a baby they grow so fast that what fitted today may not fit at the end of the week. From the dates supplied in the OP though this does not appear to be the case.

ivan

Sorry but I can't see the point of the company in this case. I could understand it if I'd had the item a week (althougth dont think that babies do really grow that fast) but I emailed within 24 hrs of recieving it (babies certainly do not grow that fast!). In addition my son was at the very bottom end of this particular sizing (hes actually classed as failure to thrive as he is so small) so it should have been an ample fit.
I am sure people do order things, wear them and then return them however, this was a babygrow not a dress you would wear on a night out so I really can't see their point at all other than the fact they they appear to be using any means possible to aviod refunding a badly made expensive babygrow.