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Returning goods bought via email At my expense even though they sent wrong size?

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Hi All,

 

Just want some advice on the legalities of the terms and conditions here: http://www.equestrianclearance.com/terms_of_sale/index.html

 

I bought some boots that were meant to be a size 5 and they arrived today. The invoice states the boots are a size 5 and there is a basic removable number 5 sticker on the outside of the boot.

 

However they are too big for me and inside there is a stitched label inside stating they are an EU size 39. Size 39 is size 5 1/2 - 6 http://en.wikipedia.org/wiki/Shoe_size

 

I paid £34.99 for the boots plus £5.95 for postage. The T&C's of the website state that the buyer pays the costs for returns, but surely this shouldn't be the case if they've sent me the wrong size? If this is the case then it means I am £11.90 out of pocket and with no boots! It is no good asking them to change the size of the boots as I need them for a show this saturday.

 

I haven't yet contacted them to state that I will be returning them as they are the wrong size because I want to also get back my postage costs (both the £5.95 it took to obtain them and the amount it will cost to return them).

 

Do I have a leg (with no boot) to stand on and if so where do I start please?

 

Many thanks

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Hi,

 

Just to add, I've looked at the distance selling regulations - Can't say I understand them all, why do they constantly refer back to subsection/paragraphs blah blah?

 

I also looked at sale of good act and understand I can return them if they are faulty and the costs and the delivery charge should be refunded, however nothing wrong with them other than the size sticthed in the boot is differerent to the size on the invoice and sticker, and nothing about whether I should be out of pocket to return them.

 

Anyone advise me in plain English please?

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Just to be safe dont forget to take piccy of inside of boot proving size as eu39 before returning.

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Thanks loopin, have already done so.

 

Can anyone tell me where I stand on delivery charges and the sale of goods act/the DSR's? I want to eamil them ASAP and get this sorted.

 

Thanks

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I would have thought they should either agree to send you a prepaid return label or agree in advance to refund you return costs on receipt if they dont do labels, but email them the choice. They are responsible for returns if as you found incorrect sizes. xx

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The supplier's Terms and Conditions with regard to cancellation appear to be unusually good in that they accurately reflect the terms of Distance Selling Regulations except that "You must return the goods" is over the top. "A buyer is required to return the goods" would be the legitimate way to put it.

 

For goods that fail to conform to description you would rather resort to the Sale of Goods Act which is not so far from common sense anyway, except that section 39 is not so widely appreciated:

 

Buyer not bound to return rejected goods

 

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

----

Armed with that you should get in touch with the supplier as soon as possible to sort it out. Seeing that they seem to know the ropes already there should not be too much of a problem about it.

 

Section 39 exists because of the principle that a buyer who needs to make a case against a seller is therefore entitled to retain the evidence, to prove it.

 

:cool:

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