Shop refusing refund - distance selling regs?

[almahart]

I bought some £90 boots from a small independent retailer, online. They are a bit scuffed in the heel and are too tight. Their website has no info on refunds, the till receipt with the boots says they don't refund sale goods and they haven't replied to an email from me. Before I ring them, does anyone know exactly what my position is? Which seems to say that distance selling regs apply to all goods including sale ones, is than at correct?

The statement that they don't refund sale goods has no legal effect. Your rights are the same regardless.

The Distance Selling Regulations have been replaced by the Consumer Contracts Regulations. These apply whenever you buy products at a distance, e.g. online or over the phone. You have the right to cancel the order up to 7 working days after receipt of the goods. You don't have to return the boots within that timeframe but you must notify them by email, letter or fax. There are some types of goods that cannot be returned but unless the boots were personalised or tailor made you are entitled to return them.

They must refund the total amount you paid including shipping costs. They cannot charge any admin or restocking fees. Their Ts & Cs should state who pays the cost of returning the boots. If they don't say anything the seller must cover that cost.

Assuming you are within the 7 days you should email them stating that you are cancelling the contract and returning the boots, and demanding a full refund. If they fail to pay up you will have to send them another email or letter giving them a reasonable deadline and saying you will take legal action if they fail to pay within that time. You can then, if necessary, take them to the small claims court.

Lovely thanks. I'll do just as you suggest. So just to be clear, I send them back even if I don't hear anything from them? With proof of posting?

Personally I would send them back recorded tracked delivery, proof of postage won't confirm they received them!

Also if you purchased with a credit card they might be able to help you?

Good luck

I don't suppose you paid using paypal?

The scuffed heels would be grounds for an item not as described paypal dispute (similar to that in ebay, but through paypal directly).

If returning, you must get proof of delivery (not just proof of posting). This means tracked delivery like recorded or special delivery.