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Original poster

Online retailer refusing refund

28 replies

PottedPerennial · 14/04/2025 17:28

Not the most riveting thread, sorry - but all advice gratefully received!

I bought two identical products from an online store, and after opening the first (which turned out to be faulty but repairable) decided that I didn't want to keep the second one and returned it for a refund - paying my own postage, which turned out to be quite a lot as it was an oversized package. Now the online retailer is claiming that the item is incomplete. I didn't even open the package, as there was no point (and the retailer was really clear in their returns policy that if the packaging was damaged they would be shirty about refunding) - so either they're lying or they originally packed it with a part missing. Does anyone have any idea about my legal rights under these circumstances, if it comes down to my word against theirs? Do I just have to suck it up and tell everyone I know to avoid them or is there a way to take it further?

Frankly I guessed they'd pull something like this because of the way they responded to my query about the faulty part, insisting there was nothing wrong with it... but too late now! Argh. It just makes me very cross.

OP posts:
KatyaKat · 14/04/2025 17:30

You should be able to do a charge back if you used a credit card, I'd try that if the retailer won't budge.

Stripeyanddotty · 14/04/2025 17:30

Who is the retailer?

Stripeyanddotty · 14/04/2025 17:31

And did you return within the specified timeframe?

Original poster
PottedPerennial · 14/04/2025 17:31

Mastercard debit - would that work? Anyway thanks, that's an excellent idea, I'll look into it! 😀

OP posts:
Original poster
PottedPerennial · 14/04/2025 17:32

Stripeyanddotty · 14/04/2025 17:30

Who is the retailer?

I'll name and shame if I can't get it sorted out. 😉

And yes, sent it back easily within the time frame - and now suspecting that they're looking for any way out of refunding me...

OP posts:
JacquesHarlow · 14/04/2025 17:33

I can't help but feel this isn't the full story...?

I bought two identical products from an online store, and after opening the first (which turned out to be faulty but repairable) decided that I didn't want to keep the second one and returned it for a refund

Could you please explain to me @PottedPerennial why you wouldn't keep the second one if it was identical and yet not faulty?

Why not return the first item if it was broken, and explain to the retailer that it was their fault so to speak (that the product arrived broken.)

Unless, as I said before, that there is more here to this story as to why the product was broken and you were so happy to accept the first, broken one, over the unbroken identical second one.

Original poster
PottedPerennial · 14/04/2025 17:49

Fair enough, I wanted to streamline things in the OP, but to get into the minutiae a bit... The first item was faulty - basically a screw was supplied that had no thread, so wouldn't hold a joint rigid. I contacted them and told them and they were shitty about it, maintaining that it was meant to be like that (not sure they took the time to understand which part had gone, they just kept repeating it was fine). However, it was a fairly minor repair to glue the joint instead of rely on the screw, and having lost the will to live interacting with them it seemed much quicker and simpler to sort it myself than keep bashing my head against a brick wall. But at that point I decided I didn't trust the product and couldn't be bothered with any further problems - and didn't want to argue any more, so thought I would suck up the extra postage and return it as unwanted rather than faulty. This may have been a mistake, but I somehow don't think they would have suddenly become any more helpful...

Oh and originally when I contacted them I did ask if I could just get the screw out of the other package before I returned it as unwanted, but as they refused to countenance the possibility that it was faulty that didn't go anywhere, as you can imagine... 😂

OP posts:
Blackdow · 14/04/2025 17:53

Use the resolver website. You’ll get your refund.

Helen1625 · 14/04/2025 17:53

I think there's something called distance selling which gives you certain rights when returning items bought online. Also, Google Martin Lewis and look at the SADFART rules (Satisfactory, As Described, Fit for purpose, And lasts a Reasonable length of Time). See if you can quote relevant laws, sales of goods act etc.

Let us know how you get on 😊

Blackdow · 14/04/2025 18:06

Helen1625 · 14/04/2025 17:53

I think there's something called distance selling which gives you certain rights when returning items bought online. Also, Google Martin Lewis and look at the SADFART rules (Satisfactory, As Described, Fit for purpose, And lasts a Reasonable length of Time). See if you can quote relevant laws, sales of goods act etc.

Let us know how you get on 😊

That won’t help the OP. She is legally entitled to a refund is she returns it in a resaleable condition, or if it’s returned as it is faulty. She didn’t claim faulty, just returned it as unwanted, which is fine and legally she is entitled to a refund if it is returned in the same condition it was sold. They’re saying it wasn’t though; they’re saying she has removed a part so won’t give her the refund. Quoting the law won’t help her because they’re saying that law doesn’t apply. So she is stuck because they’re being shitty.

Use the resolver website and they’ll deal with it for you.

Original poster
PottedPerennial · 14/04/2025 18:09

Helen1625 · 14/04/2025 17:53

I think there's something called distance selling which gives you certain rights when returning items bought online. Also, Google Martin Lewis and look at the SADFART rules (Satisfactory, As Described, Fit for purpose, And lasts a Reasonable length of Time). See if you can quote relevant laws, sales of goods act etc.

Let us know how you get on 😊

Yes, and this is all useful, thank you! I just feel that by claiming I haven't returned all of it, they're trying to wriggle out of their obligation to refund...

The Mastercard chargeback thing looks very promising at first glance, though - I am feeling slightly less ragey and more optimistic. 😊

OP posts:
Original poster
PottedPerennial · 14/04/2025 18:09

@Blackdow you explained it better than me. 😀

OP posts:
KatyaKat · 14/04/2025 18:35

PottedPerennial · 14/04/2025 18:09

Yes, and this is all useful, thank you! I just feel that by claiming I haven't returned all of it, they're trying to wriggle out of their obligation to refund...

The Mastercard chargeback thing looks very promising at first glance, though - I am feeling slightly less ragey and more optimistic. 😊

Show quote history

I've used the process before to get a refund on something expensive that was clearly faulty; online store sent to manufacturer who said no, it was user error - it definitely wasn't. So used AmEx charge back and it was refunded immediately whilst they investigated and then upheld. Super easy too!

queenofthesuburbs · 14/04/2025 20:32

So did you return it glued together?

Were they part of a pair?

Bestfadeplans · 14/04/2025 20:36

Surely it would have been better, ti keep the one you sent back and return the one you'd already flagged up as broken.

Anyway, ask again for a refund if no go, do a charge back and keep a log of communication with retailer.

Thegreyestate · 15/04/2025 19:47

Is this a bathroom item by any chance?

BetterWithPockets · 15/04/2025 19:56

PottedPerennial · 14/04/2025 18:09

Yes, and this is all useful, thank you! I just feel that by claiming I haven't returned all of it, they're trying to wriggle out of their obligation to refund...

The Mastercard chargeback thing looks very promising at first glance, though - I am feeling slightly less ragey and more optimistic. 😊

Show quote history

If it’s a debit card, which I think you said it was, I fear you can’t do this. It’s only credit cards.

OhYeahOhYeah · 15/04/2025 20:14

BetterWithPockets · 15/04/2025 19:56

If it’s a debit card, which I think you said it was, I fear you can’t do this. It’s only credit cards.

Show quote history

No, you certainly can do chargeback on a debit card

LOS2025 · 15/04/2025 22:08

The best place to get legal advice in respect of consumer issues in the UK is the Citizens Advice Consumer Service. This is a free service and it is provided on behalf of all the UK local Trading Standards Services. It will ensure you get the correct advice but also notify Trading Standards of your complaint - this means if the trader is consistently breaching consumer protection legislation it will enable the matter to be looked into and potentially action can be taken against the business.

You can ring to speak to someone, use the chat service or complete a form to request advice please see the link below

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

Hope you get your problem sorted

Contact the consumer service

Contacting Citizens Advice consumer service by phone or on-line if you need further help with a consumer problem.

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

Welshmonster · 16/04/2025 02:09

I would send the other thing back as faulty though you glued it now.

speak to your bank as if debit card then different rules may apply

MarkingBad · 16/04/2025 02:26

I'm a retailer and sell online as well as off.

It depends on the product and situation, I can't work out what has happened here from your post, or what the product is because that can have an effect, and IANAL so I won't attempt to give advice but the following might help

This is a good guide to your rights under the The Consumer Protection (Distance Selling) Regulations 2000 (presuming you are in the UK)

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

This is what the company selling the items should comply with
https://www.gov.uk/accepting-returns-and-giving-refunds

Accepting returns and giving refunds: the law

When you do and do not have to offer a refund, repair or replacement, unconditional refunds for online purchases, and penalties for deceiving customers

https://www.gov.uk/accepting-returns-and-giving-refunds

Original poster
PottedPerennial · 16/04/2025 09:21

Bestfadeplans · 14/04/2025 20:36

Surely it would have been better, ti keep the one you sent back and return the one you'd already flagged up as broken.

Anyway, ask again for a refund if no go, do a charge back and keep a log of communication with retailer.

I see your point. The item has to be cut to size and then assembled, and by that stage DH (doing the hard work) thought the repair would be quicker than disassembling and starting again with the new one. Also I (foolishly) thought it would be a) easier to get a refund for the other, as there would be no quibbles about my returning an unopened and untouched product in its original packaging, and b) easier for the original company, who would be able to resell it. Bloody wish I hadn't now, though...

OP posts:
Original poster
PottedPerennial · 16/04/2025 09:21

Thegreyestate · 15/04/2025 19:47

Is this a bathroom item by any chance?

No, but now you've said that I will be very careful with online bathroom retailers... 😂

OP posts:
Original poster
PottedPerennial · 16/04/2025 09:29

Thank you, everyone! Update is that now (after I asked them directly if they thought I was making a fraudulent claim) they are saying UPS must have opened the parcel, removed the missing component and then retaped the parcel.🤪 They have partially refunded me (although got the original price wrong in their favour, which they have apologised for since I pointed it out but not yet corrected) and are telling me to seek compensation from UPS. I suspect without any evidence, UPS will throw me out of court - in which case I'll go back to the retailer and say I'll initiate a chargeback if they insist on charging me for something I never received.

Really appreciate the input from you all! I'm partly updating in case anyone in a similar position searches later (sort of thing I do), not necessarily because I think you will all be avidly awaiting developments... 😂

OP posts:
MarkingBad · 16/04/2025 09:59

OP

Did you choose to return by ups or did they?

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