Returned faulty item - shop is claiming it’s soiled

[Consumerrightshelpplease]

Help please.

I bought a coat for my toddler from an online shop nearly 3 weeks ago. When it arrived I saw it was the wrong size - the removable tag had the size I wanted on it, but the label sewn in at the neck was a size smaller. I emailed the shop immediately and put the coat back in the postage bag it arrived in. The seller asked me to measure the coat to see if it was just mislabelled. When I got it out to measure it I saw a little cut in the fabric by the shoulder (as if someone had opened a box with a Stanley knife and nicked it slightly). This definitely wasn’t me as I opened the postage bag with my hands - no sharp implements!

I emailed back and said I’d rather return the coat for replacement as it was damaged anyway (plus even if it had measured correctly for the size up, I’d rather have the correctly labelled item). The shop told me to return it to the manufacturer.

After chasing it up twice by email, I’ve now received a photo of a soiled, slightly bobbly cuff with pet hairs on it, and a message that due to the condition it arrived in, the only option is that it’s returned to me.

There is no way that it got in that condition with me, if it’s even the same coat. My toddler didn’t wear it or even try it on as I saw it was the wrong size and so knew I was returning it straight away. It was kept in the bag until I received the return postage label from the seller. We also don’t have any pets!

What are my rights in this situation?

I'd call the credit card company and dispute the charge. Shops hate it when you do that. It sounds like they relabeled someone else's return and that was what they shipped to you.

Ah, yes, I hadn’t thought of that. I paid by PayPal but it’s linked to my credit card, so presumably I’m covered by both.

Thank you!

You're welcome. This is why I try to buy from places like Amazon and Lands End, where the customer service is impeccable and you would never get arsed around like this.

Please let me know how the resolution goes. Was it a small shop or a chain store?

It was a small independent online shop. Usually ok, but I wonder if they’re getting busier than they can cope with.

I’m waiting to hear from either the shop or the manufacturer. If they don’t come up with either a refund or the actual item that I wanted in the first place then I’ll be raising a claim.

I've just logged into my paypal and checked. You have to do the dispute resolution there. Login, go to help, click on "Resolution Center" and then "Report a Problem". They'll freeze the funds the shop has on account with them until the problem is resolved.

Good luck.

No, you don't return to the manufacturer. Your contract is with the retailer/seller who is supposed to give you a perfect product for your money. I remember sometime ago, Tesco tried to pull a fast one similarly when I returned a faulty electrical product. I told them I'd nothing to do with the manufacturer and could you give me my money back? They duly returned my money.

Thanks very much. Luckily the shop did refund me, so I still need to try and buy the poor kid a new coat, but at least I’m not out of pocket.

It has scared me off online shopping a little (which can only be a good thing!) because it’s shown me how easy it is to end up in a situation where it’s your word against theirs.

Do have a look at Lands End. I buy all off our winter outwear there and the quality is excellent. Returns are very easy and no questions asked. They're also running some big promotional discounts now, at least here in the US.

I'm glad you got your issue resolved.