online retailer refusing return - need advice ***Resolved***

[2REAL2RYAN]

Hello there,

 

In my 10 years of retail shopping I have never had this happen!!

So here is my issue...

 

On 31st July 2014 I decided to purchase a pair of jeans from this website:

hall-fast.com

 

Unfortunately when I received the item it did not fit, so I emailed the company asking for the returns procedure.

 

They emailed me back saying this:

"Because we are a trade only website, our website terms and conditions state that unfortunately we are unable to accept any returns."

 

I then explained to them that the website did not state clearly the NO returns policy, which is only stated in small print in the company's terms & conditions.

 

The customer advisor then stated that the NO returns policy was made clear in the email order confirmation.

 

I then said that notifying the customer of the NO returns policy post-purchase makes no sense and that it was misleading how Hall-Fast.com have not clearly marked their NO returns policy on the website prominently.

 

I even offered to pay the returns postage and to pay an admin fee out of good will, but only received stubborn emails back stating Hall-Fast.com do not accept returns.

 

This is my first time experiencing such trickery in e-commerce.

If anyone could give me some advice with how to deal with this retailer, it would be highly appreciated.

 

Thank you so much

 

Ryan

[rebel11]

Hi 2Real

 

Welcome to CAG

 

The follwing applies:-

 

Consumer Contracts Regulations 2013

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

 

It really doesn't matter whether they are wholesale as they've carried out a transaction with you.

 

How did you pay?

[2REAL2RYAN]

Hi 2Real

 

Welcome to CAG

 

The follwing applies:-

 

gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

 

It really doesn't matter whether they are wholesale as they've carried out a transaction with you.

 

How did you pay?

 

 

Hello Rebel11,

 

I paid using my VISA Debit card, does that affect my rights?

[rebel11]

Hi 2 Real

 

Contact your debit card provider ask to carry out a Chargeback. You can amend the template (scroll down), send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Hello Rebel11,

 

I paid using my VISA Debit card, does that affect my rights?

[2REAL2RYAN]

Hi 2 Real

 

Contact your debit card provider ask to carry out a Chargeback. You can amend the template (scroll down), send it Recorded Delivery.

 

which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

See I don't know if I could even use charge back:

 

"Chargeback can be used in cases of goods not arriving, arriving damaged, arriving not as described, or where the merchant has ceased trading."

 

The problem is regarding returns policy and that not being made clear. I mean I could go to the bank tomorrow morning and see whether its possible.

[rebel11]

Hi 2REAL

 

Distance Selling Regulations gives you extra rights to the rights you have under SOGA. Their returns policy is irrelevant as they have to abide by current legislation.

 

You can phone your bank up. The bit you've quoted isn't an exhaustive list.

 

See I don't know if I could even use charge back:

 

"Chargeback can be used in cases of goods not arriving, arriving damaged, arriving not as described, or where the merchant has ceased trading."

 

The problem is regarding returns policy and that not being made clear. I mean I could go to the bank tomorrow morning and see whether its possible.

[2REAL2RYAN]

Hi 2REAL

 

Distance Selling Regulations gives you extra rights to the rights you have under SOGA. Their returns policy is irrelevant as they have to abide by current legislation.

 

Is there a way I can put this directly to the retailer in an email? i.e. with links to government documents etc.

 

I'm hoping that if I can articulate this consistently they will stop abusing my consumer rights.

[rebel11]

Send them the Consumer Contracts Regulations 2013 link, tell them that you want to return the jeans under that legislation. See what they come back with.

 

https://www.gov.uk/government/upload...tions-2013.pdf

 

 

Is there a way I can put this directly to the retailer in an email? i.e. with links to government documents etc.

 

I'm hoping that if I can articulate this consistently they will stop abusing my consumer rights.

[2REAL2RYAN]

Okay I will do that on Monday when those cowboys are back in their office!

 

Thank you again for the advice Rebel11, its greatly appreciated.

Fingers crossed I can get my refund/return the item.

[rebel11]

Let us know what they say.

[2REAL2RYAN]

Let us know what they say.

 

Oh don't you worry I will keep this thread updated...even if I get my money back I intend to make consumers aware of these cowboy traders.

[Surfer01]

Send them the Consumer Contracts Regulations 2013 link, tell them that you want to return the jeans under that legislation. See what they come back with.

 

https://www.gov.uk/government/upload...tions-2013.pdf

 

Also include Distance Selling Regulations which now give you 14 days to return an item. They cannot over rule either Act and would be subject to criminal charges if they did.

[BRIGADIER2JCS]

Does this site state the it is a "Trade Only Dealer"?

[2REAL2RYAN]

Also include Distance Selling Regulations which now give you 14 days to return an item. They cannot over rule either Act and would be subject to criminal charges if they did.

 

Ah that's fantastic, thank you for this reply, I will make them aware of this regulation. And like you said they cannot over rule this act or they will be subject to criminal charges.

Thanks so much for this reply, will keep the post updated when I hear back from these cowboys.

[rebel11]

Just to clarify the Distance Selling Regulations 2000 have been replaced by the Consumer Contracts Regulations 2013.

[2REAL2RYAN]

Just to clarify the Distance Selling Regulations 2000 have been replaced by the Consumer Contracts Regulations 2013.

 

Ah okay thank you, I will amend the email I have drafted. I really can't see these cowboys arguing against trading law...they have no leg to stand on.

[2REAL2RYAN]

Does this site state the it is a "Trade Only Dealer"?

 

The only place they state "trade only" is in their website terms of use section...

 

"Please note we are a trade only website and do not accept returns on snickers products for any other reason (except where goods are faulty)."

 

Surely this doesn't affect my consumer rights?

[BRIGADIER2JCS]

The only place they state "trade only" is in their website terms of use section...

 

"Please note we are a trade only website and do not accept returns on snickers products for any other reason (except where goods are faulty)."

 

Surely this doesn't affect my consumer rights?

 

 

The goods weren't faulty and the company states trade only terms so you may have little success.

[2REAL2RYAN]

The goods weren't faulty and the company states trade only terms so you may have little success.

 

Ah I see, that said I was not buying on the behalf of a company but solely as a retail consumer, so shouldn't I be entitled to the consumer protection law?

[BRIGADIER2JCS]

Ah I see, that said I was not buying on the behalf of a company but solely as a retail consumer, so shouldn't I be entitled to the consumer protection law?

.

 

 

I would be very surprised if a court would uphold a complaint such as this, as it seems from what I can find this is common practice with trade only sites, you may have been ordering a sample for instance, where it the sample was faulty it would be returnable.

[2REAL2RYAN]

I would be very surprised if a court would uphold a complaint such as this, as it seems from what I can find this is common practice with trade only sites, you may have been ordering a sample for instance, where it the sample was faulty it would be returnable.

 

I'm also arguing on the grounds the trade only term was not made clear on the website prominently, along with the no returns policy, and retail consumers like myself who have never come across such a thing are vulnerable to being duped into purchasing items under a false sense of consumer security.

Edited August 9, 2014 by 2REAL2RYAN

[rebel11]

http://sogahub.tradingstandards.gov.uk/sogaexplained

[BRIGADIER2JCS]

http://sogahub.tradingstandards.gov.uk/sogaexplained

 

 

The Rules specifically refer to "Retailers" this is stated to be a "trade only dealer".

I would suggest that any prospective buy would be expected have exercise due care when purchasing from an internet dealer.

 

 

I've taken a look at a number of "trade only" "wholesale only" clothing sites and have found the Terms & Conditions/returns Policies are listed on the site clearly, when on accesses these the policies regarding returns are "writ large" and are unambiguous .

[rebel11]

I thing the important part is how it was purchased, over the internet.

 

He's not a Trade Dealer.

 

http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/distance_selling_how_the_law_protects_you.htm

 

The Rules specifically refer to "Retailers" this is stated to be a "trade only dealer".

I would suggest that any prospective buy would be expected have exercise due care when purchasing from an internet dealer.

[BRIGADIER2JCS]

I thing the important part is how it was purchased, over the internet.

 

He's not a Trade Dealer.

 

 

Hi Rebel,

I (as added to post23) have taken a look at these "trade only"/ "wholesale" sites, one only has to "click on" the Ts & Cs/ returns policies sections to see that returns are restricted to "faulty" goods.

Also in the preamble/ intro to the site the words Trade Only and Wholesale are mentioned and more often than no highlighted.