Statutory Rights Question

LucyTheDwarf

This is not exactly a money saving question, but I think it's within the consumer revenge spirit of things. Apologies if this is in the wrong place!

The scenario is as follows: A friend of mine held a party, similar to an Ann Summers type party. Feeling it would be rude to not buy anything (seeing as my friend would get 10% of what all guests spent to treat herself), I ordered an underwear set, size 32DD, costing £30, and paid by debit card on the day.

Two weeks later, the set arrives, with a note attached explaining that they did not have my size in stock, so had sent a 34D. Unsurprisingly, the set is too small (and the knickers sent were a size 12/14, whereas the 8/10 which would have been sent with the 32 band would have been fine). I asked the lady who held the party to find out from the rep how I go about getting a refund - the answer was that I can't. They will offer me a credit note or an exchange - but I bought the only set in the entire brochure that came up to my cup size, so an exchange is out of the question. (I'm unlikely to ever spend money with them again, as a small local company with a not great choice of stock - I only bought because I felt it'd be rude not to!)

I believed it was illegal to not give refunds in these circumstances. Seeing as they sent a size different to that which I ordered, surely I'd have the right to a refund? I did do some googling on statutory rights, but didn't find anything about if they'd sent me something other than what I'd ordered, i.e. the wrong size! A lot seemed to hinge on whether I'd accepted the goods or not... but they were delivered to my friend not me, so have I accepted them? Can I demand they provide the goods I ordered or refund my money?

I'd really appreciate some advice on how to tackle this! £30 is far too much for me to lose right now!

jonesMUFCforever

You did not get what you ordered so if your ''friend''cannot arrange a refund get in touch with your bank, telling them that you have not received goods as ordered and that you want a chargeback.

They might do it straightaway or you might have to persevere. The motto is to pay anything like this with a credit card or walk away - rude or not.

LucyTheDwarf

Can I do that with a bank? I didn't think I had that sort of protection with a debit card. With hindsight, of course, I regretted not buying by credit card, even before I'd received the goods. I should have known better, but after a few glasses of wine and a good giggle with the girls, it was the last thing on my mind!

It's such an awkward situation, with my friend feeling bad about it all, the rep who is a friend of hers hasn't the ability to give a refund - I don't blame her, it's just "company policy" as I've been told...

Thank you for your post, I appreciate the help.

jonesMUFCforever

You dont - but your bank ''may'' ''help'' - it will depend on who you speak to.
Sometimes putting the phone down and trying again hoping to speak to a different person works!

If you go down the route all gun blazing that you insist on a refund IMO they will turn you down.
Be polite turn on the charm it might get you somewhere.

I would be telling your ''friend'' what you think of her business though in no uncertain terms!
I think the distance selling regulations would let you return the goods for a full refund without giving a reason (if you return within 7 days)

reehsetin

tell the company to stick their policy where the sun doesnt shine what a cheek

for real though complain to the head office of the company in writing preferably by registered delivery (if the bank wont help) saying by law under the sale of goods act (should be section 14) the goods must be fit for purpose (your purpose is a 32dd) and these are not! and they must pay a full refund within 7/14 days or you will take them to the small claims court to recover your money!

LucyTheDwarf

Thank you both for your answers, I'd better get writing pronto, seeing as my friend received them on Monday (I didn't see her 'til Friday, not sure how that will affect things)!

Thanks again.

reehsetin

dont think that would make a difference,

if you got them from a catelogue you might have benefitted from the distance selling regulations (can return within 7 days without question) because you hadnt actually seen them but i'm guessing your friend actually had some there?

LucyTheDwarf

Well the rep from the company who held the party, delivered to the friend who hosted the party. They were all sealed up, so it's not as if even the rep could have seen that they were wrong

reehsetin

i mean did they have a set of the undies at the party that you physically saw?

LucyTheDwarf

Not in the style I bought. They had samples of some items, to show sizes and fabrics etc.

reehsetin

ok forget everything

tell them you are returning the goods under the distance selling regulations which allow you 7days to return the goods! as you had not seen them when you bought them the law gives you seven days to examine them and if you don't like them to return them for a full refund!
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/cancellation-periods