About this dress returned back to me?

[HyggeMe]

I have a dilemma regarding an online clothes company.

I ordered several dresses to try on in different sizes, they arrived quickly. I kept one and retuned the others by recorded delivery the same day wrapped in tissue paper exactly how it was delivered to me.

I tracked the delivery and could see they had been delivered safely on the 9th of November.

Yesterday one had been returned to me saying that it had marks on the collar so they wouldn’t accept the return. I’ve checked the collar and it looks like make up (I wear tinted moisturiser but not on the back of my neck) the dress isn’t cheap it’s nearly £150.

My dilemma is why has it taken them nearly two weeks to return it to me?

Also I double checked every dress when I wrapped them back up as well and I don’t understand how one suddenly has marks on it but the others don’t?

I can’t afford to keep it plus the other dress I kept and it didn’t even fit properly (it’s a wrap around dress so I didn’t put it over my head).

What is my choice? It’s my word against theirs regarding the marks on it. I just feel a bit scammed.

[MatildaTheCat]

Oh, really difficult. So many CFs do wear clothes and then return them it’s inevitable that the stores are vigilant.

Can you call customer service and explain your position? If you are a regular customer it may help. Also if you returned the item very quickly. I suppose after they you could escalate to small claims court but could you be bothered?

Some cheats have led to this.

[MatildaTheCat]

Sorry, just reread, the fact that you returned the same day and the other returned dresses were unmarked is good leverage.

[HyggeMe]

I completely understand that.

The turnaround though from them delivering the dresses to me (I signed for it,) and returning the dresses same day via a drop off delivery shop (I had to pay for the return also) and I still have the track and trace code makes it impossible for me to have wore it, apart from trying it on.

I have never used this company before and at this rate won't be again. I can't seem to find out if I can insist on returning it and as I'm convinced I didn't leave any marks.

[HyggeMe]

I've (hopefully) attached a photo of the dress of the marks. It honestly looks slightly like fake tan to me.

Which I could do with as I'm so pale but I don't. I'm worried they've had it returned in that state by someone else who is refusing to pay and they are blaming it on me. I just don't know where I stand on this.

[radioband]

How did you pay? Could you claim back through PayPal or Credit card?

[HyggeMe]

Yes it was credit card. Thank you I'll try that route

[Mummyoflittledragon]

You could try calling or emailing and state they have made a mistake. Give the timeline and include the brand / colour of the tinted moisturiser you use and offer to send a photograph of you so they can see there is no way this came from your skin. It took them 2 weeks to identify the makeup, which is far too long from receipt to identifying the stain to have been from your order.

[EdithBouvier]

What company is it?

[HyggeMe]

I've just emailed them, thank you.

It's the pretty dress company. I don't usually order so many dresses but they have no stores I could pop into so I had no choice. Not ordering anything from them ever again.

[Racecardriver]

What skin tone do you have? It may be worth mentioning if the marks are a completely different shade to your skin tone in addition to the tone line argument.

[Alwaysasparklymoment99]

How do they know you didn't receive it like that? That is really cheeky.

[CaliHummers]

If all else fails, I'd wash it (or have it cleaned) and then stick it on Ebay or Preloved to recoup some money. Less than ideal and I'd try other things first but it would mean you're not absolutely out of pocket.

[HyggeMe]

I'm very pale.
I wear a tinted moisturiser daily which isn't orange not even in the slightest. Plus I don't put it on the back of my neck and as it was a wrap around dress it didn't go over head at all so it didn't touch my face.

[Jayfee]

I would try to speak to them directly and if that doesn't work, contact your bank. I have to tell a quick story. I bought a cooker from ebay..nightmare..it was supposed to be new but clearly wasn't and fused our electrics when we plugged it in. There followed an absolute nightmare with PayPal and I finally got my money back from my credit card company. At the same time we still needed a cooker so bought one from bandq. My husband phoned me at work and said the cooker was secondhand and filthy. It was like deja vu. Some vile person had bought a new cooker, replaced their old one in the packaging, resealed it and took it back for a refund. I phoned the shop immediately and told the lovely woman what had happened. Bless her, she believed me and told me to take it straight back and that she would talk to the manager. So we did and they gave us a,new, new cooker.

[Alwaysasparklymoment99]

Could it have been that way when you tried it on? Maybe you didn't notice it?

[OracleofDelphi]

Mmmmmm .... I would catagorically refuse this answer. Not the same - but a few years ago I bought DH a bodywarmer (from my mum) for Xmas from House of Fraser. He stupidly ripped the labels off on Xmas day before deciding it was far too big - so no labels or packaging. I sent the item back on online sales stating that it was too big. I had a response saying it was rejected because "it was not returned in the condition it was supplied i " (which is similar to your case). I read the distance selling regulations, and it stated that if they say it is not returned in the same condition, they can only charge you for the cost it takes to put the item right - not withhold your refund. So I sent all of this to them, stating that they could charge me for fitting a new tag, but they ould not keep the full £100. 2 days later I received a full refund.

So I would argue with them - in writing - sent via recorded delivery, that: as you returned it the same day and are keeping a smaller / bigger sixe it would have been impossible for you to wear it. Could they confirm if this item has been sent out to another customer prior or after. Next can tell who biys things online now simply by scanning the bar code on an item as they all have a unique code. I would argue that you do not wear fake tan and you cannot have made this mark on a dress that didnt fit, in the few hours it was getting packed back up for the post.

I would then state that under xxxx (read the regulations) they can only charge you for the cleaning of the dress - although you refute you made the marks, and therefore cannot keep the full £150. State that you will need it refunded within xxx days or you shall take it further. They are CF quite frankly.

[amyboo]

The problem is, to enable a return under the 14 days rule for goods bought online, the goods should be in "unused" condition. If it looks like you've worn the dress, it's going to be quite hard for you to prove you didn't. No matter how well wrapped it was...

If I were you, I'd try calling them and explaining that you returned the same day etc. If you have the delivery time and the receipt showing what time you posted back your parcel, that should help. But it might end up being your word against theirs...

[HyggeMe]

Thank you for all your advice. Will send a recorded letter and all the proof of postage etc the marks could have been there when it was sent to me originally. I don't usually inspect the collars closely. But I will now! Lesson learnt.

They've had it for nearly two weeks, it's just unreal that they took that long to accuse me of leaving those marks. Many people could have tried it on in the meantime.

[user1467718508]

What a PITA, and so suspect that it came back to you almost 2 weeks later...

Agree with PP, go via the credit card route.

Fingers crossed!

[Hannnnnnnxo]

Personally I would just do your best to clean the marks off and send it back to them. A wet wipe would probably do tbh.

Does the company have any physical stores or is it online only?

I wouldn’t charge this back with your card company as it’s not 100% clear cut that you are going to win the case. The company may send photographs of the dress themselves and say that the dress was soiled, so your card company won’t instantly take your side. I read about something similar happening with an expensive dress that was returned to the customer as it had hairs on it - both her card company and the retail omsbudman sided with the retailer.

[arranfan]

OracleofDelphi - what a good piece of advice - thank you.

[Burlea]

Only send copies of proof of posting etc.

[Hannnnnnnxo]

Also why are posters making a huge deal out of ‘two weeks’?

It’s an online retailer, they don’t inspect items and issue refunds instantly like stores do. The two weeks consists of the return being in the admin pile, being checked, being repacked and then spending a few days being posted back to OP. Even amazon takes 1-2 weeks to put a refund through after receiving a return, not 1-2 days.

There is no legal obligation on the retailer’s behalf to process a return before two weeks. It’s a reasonable time frame.

[cookingteaforsix]

This happened to me.

I ordered a pair of shoes. Tried them on indoors on a carpet. They obviously didn't fit so I returned them the next day.

I had a message from the shop saying they had been worn and showing me pictures of the sole. Yes indeed it looks as though they have been worn, just not by me!

I expect they were purchased, worn and returned then dispatched to me without the retailer checking the condition.

I didn't get a refund and ended up paying for second hand shoes I couldn't get my feet into. I was very upset as they were big £££.

The expensive lesson I learned was to inspect each item as it arrives (in the day it arrives) take photos of damage immediately and complain.

[Hannnnnnnxo]

Also, I doubt the item would have been posted to another customer within those two weeks as it was technically OP’s item throughout those two weeks - it wouldn’t have been placed back into the stock records for another customer to buy as the return wasn’t processed at that point. The marks could have been from a customer before it was delivered to OP the first time though.