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Returns advice

Hanto Posted: Mon, 17/01/2011 - 5:53pm
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Basically, I ordered something from Tres Bien and paid for it, before being told that their system had made an error in saying it was in stock when it actually wasn't. They have since refunded me the money and I have ordered the item elsewhere. Today, however, I received the item from Tres Bien and I'm not sure entirely where I stand in terms of returns as they have sent it to me when, according to their system, it does not actually exist. Am I liable for paying to return it? Any advice would be much appreciated!


Vazza Posted: Mon, 17/01/2011 - 5:55pm

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No, call/email them and they'll tell you to return it and they'll reimburse the cost I'd imagine.


1234589 Posted: Mon, 17/01/2011 - 7:00pm

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Similar question.

I ordered something, it didn't fit, so returned it for a refund. They refunded me minus the postage, but their website says nothing anywhere, not even in the T&Cs, about not refunding postage. Also under the Distance Selling regulations, they have to refund the original postage costs - £10 in this case. Reckon it's worth pursuing?


robii Posted: Mon, 17/01/2011 - 7:14pm
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Don't be ridiculous. Why should they pay for you to try something on?


unkleandy Posted: Mon, 17/01/2011 - 7:19pm
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Hanto wrote:

Basically, I ordered something from Tres Bien and paid for it, before being told that their system had made an error in saying it was in stock when it actually wasn't. They have since refunded me the money and I have ordered the item elsewhere. Today, however, I received the item from Tres Bien and I'm not sure entirely where I stand in terms of returns as they have sent it to me when, according to their system, it does not actually exist. Am I liable for paying to return it? Any advice would be much appreciated!

So they refunded you the money and still sent it out to you? I'd just sit on it until they ask for it back personally then after a decent time has passed sell it on. Fair play if they haven't re-charged you and you want to send it back to them.


1234589 Posted: Mon, 17/01/2011 - 7:30pm

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Joined: 2010-06-01

robii wrote:

Don't be ridiculous. Why should they pay for you to try something on?

The main reason I was considering it was because they charged double what the p&p actually cost them.

Also the law states they have to as the whole point of buying online is you can't 'try before you buy':

Distance Selling Regulations wrote:

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home.


robii Posted: Mon, 17/01/2011 - 7:39pm
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I dont think any site I've ever used has refunded the postage unless there was something wrong with the item. Sites like ASOS, Uniqlo, TopMan don't refund postage so it can't be right

You have a 7 day cooling off perod due to the fact that you can't try before you buy

You have a fair point about them charging you double so you should take that up with them but how would you even persue the refund of your postage cost if they refused to refund you what you overpaid?


1234589 Posted: Thu, 20/01/2011 - 12:12am

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I'm yet to ask for a refund of the postage but think I'll drop them an email asking nicely to refund the difference instead as that seems more reasonable.

ASOS do offer to refund postage if you say you're cancelling your order under the DSR:

http://www.asos.com/infopages/pgehelpdesk.aspx#/level12/level226

But that's fairly obsolete now seeing as they do free postage/returns as standard, and I've only had to use that once when they refused to refund me by saying something was non-returnable.

The rule most places get wrong is saying you have to return something within 7 days. The cooling off period is from receipt of the goods and doesn't include weekends, so firstly it's 7 working days. Also the customer has up to 30 days to return an item, they only have to inform the retailer within 7 that they want a refund yet most T&Cs wrongly say it has to be returned within 7.

The DSR guide is here, full on geeky but good for procrastinating:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf


Jimmy326 Posted: Thu, 12/07/2012 - 3:58pm
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I know that the Distance Selling Regulations pretty much force retailers to refund Internet purchases, regardless of Sale conditions.

Does this rule apply to Web Sales worldwide, or just in the UK?

I'm looking at a Sale purchase from France (TheNextDoor) and I've noticed they have a 'No Sales Returns' policy stated on their site.


Dee Posted: Thu, 12/07/2012 - 4:03pm
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It's an EU directive so should apply within, although not exactly sure if it's the same terms for everyone - outside of that no chance


Jimmy326 Posted: Thu, 12/07/2012 - 4:23pm
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Cheers.

Am gonna pay by Paypal. If it needs to go back then I'll just send it back with a tracked courier and make a Paypal claim if they refuse to refund on receipt.