To dispute a charge after retailer refused refund

[ArtfulTiger]

Posting on here for traffic…

bought a dress online on sale from a small business. Arrived, nothing wrong with it but didn’t suit me. Was £90 so not cheap either so wanted to return as didn’t feel I could justify it.

was told sale items are excluded from returns (buried in their t&cs). I said isn’t that illegal under consumer rights law and was told I don’t care, this is apparently the norm for small businesses! So had no option but to file a dispute with my card.

annoyingly card said they would look at the t&cs of sale when considering dispute - I said surely they can’t cancel out my rights with t&cs but was told they can’t really say and the claim handler would consider “all evidence”.

not relevant but - have ordered from this business before twice so I am a “good customer”. Likely would have ordered more if I didn’t have this issue, could understand them being more suspect if it was my first order or I had returned loads before but that’s not the case!

I know I’m not BU (although waiting for someone to tell me I am) but anyone had anything similar / any advice to make sure I win the dispute?

either way I’ve learnt my lesson and now will still clear of any small businesses that have illegal t&cs! At this point I’m considering learning how to make my own clothes I’m fed up of it all!

Dostance Selling rules allow a statutory cooling off returns period as long as item is in original condition. The exception would be if the item were bespoke.

Under distance selling regulations in the U.K. they have to refund you if they are U.K. based but if they are based overseas or its personalised they don’t need to refund

Their T&C cannot overrule your consumer rights. I assume you’re returning within 14 days?

Go look up the relevant laws and cite them at them if they don't give a refund.
Look up the proper legislation to cite properly, here's your starter for ten.
www.gov.uk/accepting-returns-and-giving-refunds

Online and distance selling : Distance selling - GOV.UK

Your consumer rights win here.

Thanks all. Have done all the above.

we are both Uk based. I quoted the legislation. It arrived two days ago and I requested the return today. It’s not bespoke or personalised in any way.

seller simply said no, I’m a small business…

the only thing that worries me is when my card company said they would look at the t&cs of sale. I said surely that can’t override my legal rights. They said they can’t comment and would need to be part of the evidence of the dispute.

and yes, I was willing to pay return postage, I tried it on for about all of 2 mins, item would have been sent back in good condition and could have been resold.

Oh and I have also reported them to trading standards for trying to limit consumer rights

IAAL. Was about to ask how quickly you notified the seller, because you only have 14 days from receipt, but you’ve now answered that. You are entitled to a refund because you purchased online.

It would be a different scenario if this were not a distance sale, so perhaps the card company had confused the position.

I think your only issue here is expecting the credit card company to negotiate a legal dispute. I’m not sure what their parameters are for allowing payment disputes but clearly not this. Trading standards is the way to go. Small business owners are not above the law - open a shop if you don’t want to process returns. Good luck!