Where do I stand? Company refusing to refund me

[OutOfPocket]

Anyone know where I stand on this? I bought a phone online. They offer a 30-day money back guarantee.

I received the phone but it wasn't suitable so I returned it (within 14 days), requesting a different model. All good. Replacement model (phone B) arrived but it was damaged so I asked for a replacement.

I sent phone B back (within 5 days of receiving it) and then heard nothing. Contacted them squillions of times, but they did not pick up the phone, or return my messages or emails to confirm they had received the phone. At this point I've had enough and email asking for a refund (within 30 days of having received phone B).

I've finally got through to their customer services, but now they say that they can't refund me as it's gone past 30 days. Does anyone know what my rights are, am I entitled to the refund?

Do you have proof that you returned in time?

Yes, I have a screen grab of the Royal Mail tracking info.

1. call/tweet/ DM customer services again - you did request the refund within 30 days via email so they should honour it
2. how did you pay? If via credit card then you can claim a refund via your card provider

I guess the question is when the clock starts ticking, is it from the 1st phone or the 2nd?

I requested a refund 46 days after the original phone, 28 days after phone B arrived.

Debit card. Not CC, unfortunately.

You sent phone B back in good time. Their failure to respond to you is their problem, not yours. The proof they had phone B back within 30 days is sufficient.

Ask your bank to do a chargeback on your card as the retailer has breached the contract.

Think it might be 30 days from ordering the first phone so you need to double check the terms.

As the replacement phone was faulty the seller's terms are not really relevant unless they are more generous than the law. The Consumer Rights Act governs this. Depending on exactly what happened, either the short-term right to reject or the final right to reject applies. The short-term right to reject runs for 30 days from delivery of the goods but the clock stops ticking when the consumer agrees to a replacement and starts ticking again when the replacement is delivered. Also, if there were less than 7 days left when the replacement was agreed the short-term right to reject will run for 7 days after the replacement arrives.