Returned online order, retailer issued refund minus original postage

I returned an item which turned out to be not as described. The original postage was £10 and was the only option offered. The return has been received by the retailer, who went on to issue a refund (paid via paypal) minus £10. So far the retailer hasn't responded to my email, while they were very quick to reply before the purchase. How do I go about getting a full refund? Thanks in advance!

I've also noticed the following paragraph under their terms & conditions:
"The shipping and postage receipt for returning the package must be retained by you. We strongly recommend that you send your order back to us by recorded delivery. We cannot accept responsibility for parcels damaged or lost in transit. We are not liable to refund you any money if the goods are returned to us broken or damaged. Once we have received the goods we will refund the amount due to your credit card within 30 working days. Please note delivery charges will not be refunded."

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
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    Online returns for ANY reason are eligible for a refund of the initial postage. For change of mind the retailer can reduce the amount of refund to account for any loss in value caused by the consumer's handling. The consumer may be required to pay for returns postage.

    Where goods do not conform to contract then the retailer is liable for ALL costs - including returns postage.

    Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and Consumer Rights Act 2015, refer.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
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    Why the mystery.....who is the retailer?
  • DoaM wrote: »
    Online returns for ANY reason are eligible for a refund of the initial postage. For change of mind the retailer can reduce the amount of refund to account for any loss in value caused by the consumer's handling. The consumer may be required to pay for returns postage.

    Where goods do not conform to contract then the retailer is liable for ALL costs - including returns postage.

    Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and Consumer Rights Act 2015, refer.

    Thank you! I sent an email as soon as I received the partial refund, quoting Consumer Contracts Regulations, but haven't had a reply. Do I need to report them to Trading Standards to get a full refund?
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    randodino wrote: »
    Thank you! I sent an email as soon as I received the partial refund, quoting Consumer Contracts Regulations, but haven't had a reply. Do I need to report them to Trading Standards to get a full refund?

    Who is the retailer ?
  • BoGoF wrote: »
    Why the mystery.....who is the retailer?

    Kiki McDonough. I can't post links as a new user but the t&cs are available on their website. I sent an email asking for more details before purchase, only to discover that it wasn't what I'd been told, so I requested a return immediately.
  • DCFC79 wrote: »
    Who is the retailer ?

    Kiki McDonough. Their t&cs are here - kiki.co.uk/terms-and-conditions
  • Trading Standards are almost certainly not going to assist you as an individual consumer.


    If the retailer won't pay up, you'll have to threaten court action.


    (Trading Standards might be interested in the T&Cs which may be illegal or unlawful, but they won't help you getting the money back. You could try telling the retailer that their T&Cs do not comply with the law and that you are reporting them to TS - see if that helps. I wouldn't say "pay up or else" as that could become problematic.)


    I don't think you can get to TS direct anyway - you have to go through CAB.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    edited 23 October 2019 at 9:19PM
    Try social media to shame them into action - I'm quite surprised as this a fairly pricey jewellery brand which has been around for years and really should know their legal obligations.

    They've been on Twitter 10 years: https://twitter.com/@kikimcdonough
  • Trading Standards are almost certainly not going to assist you as an individual consumer.


    If the retailer won't pay up, you'll have to threaten court action.


    (Trading Standards might be interested in the T&Cs which may be illegal or unlawful, but they won't help you getting the money back. You could try telling the retailer that their T&Cs do not comply with the law and that you are reporting them to TS - see if that helps. I wouldn't say "pay up or else" as that could become problematic.)


    I don't think you can get to TS direct anyway - you have to go through CAB.

    Thank you! Though I'm not sure how court action (if it comes to that) will make them refund initial postage. Maybe I should also try contacting my credit card company, as I can't seem to find an "incorrect refund amount issued" option for paypal dispute. In the meantime I will also be reporting them to CAB/TS.
  • LilElvis wrote: »
    Try social media to shame them into action - I'm quite surprised as this a fairly pricey jewellery brand which has been around for years and really should know their legal obligations.

    They've been on Twitter 10 years:

    Thank you for the link. Unfortunately they don't appear to be very active on Twitter - their last tweet was over a week ago. I think I'll give them till the end of this week before contacting my credit card company. I definitely expected better customer service from the brand...
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