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Deduction from Refund by online store.

  • 11-11-2021 1:58pm
    #1
    Registered Users Posts: 32


    Just looking for your opinions, I have emailed the company and I am waiting on a reply.

    I ordered some clothes and a pair of boots online. It's a site I would use often enough so I know their sizes and haven't returned anything to them in a couple of years.

    I received my order yesterday and discovered that the boots are 2 different sizes, so obviously have to return them. While going through their refund process on their website there is a €6 charge going to be deducted from my refund as per their returns policy. I know I should have been aware of the policy before I ordered.

    Do you think this €6 deduction is something I should fight? The only reason I'm returning the boots is that the sizes are different. I intend to purchase the boots again once I receive my refund.



Comments

  • Registered Users Posts: 25,661 ✭✭✭✭Mrs OBumble


    Yes. What you are doing is not a return. Its a replacement of faulty goods.



  • Posts: 0 [Deleted User]


    ^^ Seconded...

    You're not returning because you 'changed your mind', you're returning because they messed the order so there's no way you should be penalised for that.

    Had the same a while ago when a shop, rather than a website, wanted to charge a 'restocking fee' when I returned a pair of shoes that were of slightly different colours. No problem if both were the same but side by side there was a noticeable difference in daylight not noticeable under fluorescents in the shop. It was a bit of a fight ...



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,244 CMod ✭✭✭✭magicbastarder


    to join the pile-on, they did not supply you with what you ordered. this is on them.



  • Registered Users Posts: 16,875 ✭✭✭✭Sleeper12


    If you bought from an EU country then not only should there be no charge but they should pay for the return postage. Many retailers in the UK are making up their own rules & you need to be careful there. As an example: manufactures must supply parts for products for at least 7 years after they stop making the product or replace it with a different model. Since January 1st Triton in the UK no longer supply parts for a shower that went out of production 2 years ago. Triton UK will continue to supply Triton Ireland these parts for another 5 years yet wont supply them to their UK customers. They are no longer bound by EU rules or at least they believe they aren't



  • Registered Users Posts: 19,019 ✭✭✭✭Donald Trump


    If a company sends you something that you didn't order, you are actually allowed to keep it.

    So if they want to be pricks about it, do a chargeback and don't bother returning as you didn't order what they sent.

    I wouldn't say to start off from that position, but if they are being unreasonable then you might as well go to that



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  • Registered Users Posts: 4,716 ✭✭✭Xterminator


    no - american law is not in effect in ireland.

    good description below.


    short snippet " You may have to pay for the cost of returning the item to the trader, but if it is proven that there is a fault and that this fault was not caused by you, then the trader should reimburse this return shipping cost. "



  • Registered Users Posts: 5,833 ✭✭✭daheff


    unfit for purpose. 2 different sized shoes is not fit for purpose rather than faulty



  • Registered Users Posts: 19,019 ✭✭✭✭Donald Trump



    Why are you worried about American law??????????? Your link is for faulty goods. Not goods sent to you that you did not order.


    47.—(1) Where—

    (a) unsolicited goods are sent to a person with a view to his acquiring them and are received by him, and

    (b) the recipient has neither agreed to acquire nor agreed to return them,

    and either—

    (i) during the period of six months following the date of receipt of the goods the sender did not take possession of them and the recipient did not unreasonably refuse to permit the sender to do so, or

    (ii) not less than 30 days before the expiration of that period the recipient gave notice to the sender and during the following 30 days the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so,

    then the recipient may treat the goods as if they were an unconditional gift to him and any right of the sender to the goods shall be extinguished.


    Again, I would not be suggesting this as a starting position. I would of course be reasonable and return the item once they pay for return shipping. If they refuse to pay for return shipping, then don't ship the unsolicited item back and do a chargeback because you were not sent what you paid for. Tell them they can come pick them up at a reasonable time with reasonable notice. If they haven't done so within 6 months then they are a gift to you


    Technically what they did was a breach of contract. But if they are being arseholes, then no point wasting energy going down that route. Just do the chargeback and give the relevant notice etc. If that hassle is worth it for them over 6 Euro for their own mistake then let them do that.



  • Registered Users Posts: 3,817 ✭✭✭Darc19


    oh please stop with this sh1te.

    The OP ordered the items. There was an error.

    Shop cannot charge return postage as its an error not a return of mind.


    Start playing stupid games as you suggest and you find the store won't sell to you again.



  • Registered Users Posts: 10,411 ✭✭✭✭Jim_Hodge


    That's utter tosh. The goods were defective/not as ordered. Thus is not a case of unsolicited goods. It's bizzare to even try to equate the two.



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  • Registered Users Posts: 32 RJellybean


    Thank you all for your replies.

    I have to submit photos of the different sizes and the shop is going to issue me with a faulty goods return label and it means I won't have to pay the €6 or return delivery charges.



  • Registered Users Posts: 19,019 ✭✭✭✭Donald Trump



    If you try to read what I wrote, you might understand that I was clearly talking about the scenario where the seller refuses to pay for return postage. In which case, if it was me, I wouldn't be dealing with them again.

    It appears that you haste to jump down someones throat is more important than actually taking 2 seconds to understand what they said.

    I ordered over 500 quids worth of parts from a seller in the North a few years back on behalf of a relative. They messed up because for some reason they had the same part number for two completely unrelated parts. I contacted them - "oh sorry, please send it back and we will send the correct one and refund the postage". The part was returned, the proper one arrived but the postage was never refunded. Actually about 6 weeks passed between the part arriving and the return because I was off travelling for a month in between. They didn't send the replacement part until their mistake was returned.

    I followed up with an email but it was ignored. What would you genii recommend then - take them to the smalls claims court for 9 Euro? We just never bought anything from them again.



  • Registered Users Posts: 19,019 ✭✭✭✭Donald Trump



    That's fair enough if you can't understand it. It's not my role, nor worth my time try to help you understand it.

    The OP ordered some boots. The boots they ordered were not delivered. Other boots were delivered which were not ordered. There is nothing to indicate in the OP that the boots delivered were in any way defective - just that they weren't what was ordered. If the seller wants to act the bollix, then the OP is entitled to respond in kind and save themselves a lot of hassle rather than trying to take an action for specific performance of a contract over 6 Euro.

    The OP would be under no obligation to return the items which they did not order. I would recommend that they do so as a matter of courtesy, but if they were being charged for the privilege then they wouldn't have to bother.



  • Registered Users Posts: 10,411 ✭✭✭✭Jim_Hodge


    Still doesn't hold water. They cannot hold on to the goods while doing a cashback. Unsolicited goods have not been paid for in the first place.



  • Registered Users Posts: 19,019 ✭✭✭✭Donald Trump


    Are you aware of scams where people sell "expensive" stuff online and then post a very small trinket to the buyer?

    If you order a fancy looking gaming laptop online and I send you an old broken casio calculator through registered post, you can be sure that you would attempt a chargeback for the "defective laptop" without having to return the item. That establishes the principle. After that, you can argue where you want to draw the line.

    You are the CC company's client. Unless you are taking the piss and doing it all the time, then it doesn't need much to tell them to do a chargeback. It is not their role to investigate. You give the seller your CC details (effectively) which is a promise to pay for the goods. The CC company is not doing anything wrong by not paying over that cash. It just means that you (the buyer) have not paid the seller. That is between you two. Nothing to do with the CC company. The merchant always loses in those situation.

    Again, I am not suggesting this as a general tactic. Just pointing out that if the seller did act the bollix, the buyer could respond in kind. OP has already indicated that the seller will not charge the money.



  • Registered Users Posts: 14,313 ✭✭✭✭callaway92


    OP is this for POCO by any chance? I did a fairly long rant post about it before. Girlfriend thought nothing of their return charges but they pissed me off



  • Registered Users Posts: 3,817 ✭✭✭Darc19


    Oh, I read it all right.


    Full of utter sh1te.


    I've read it again. It's still full of shite.


    Op has shown that the error is the retailer's error and they have accepted that. Situation sorted because the op was firm and polite.



  • Registered Users Posts: 19,019 ✭✭✭✭Donald Trump



    Try again. It wasn't even a long post with big words.

    It shouldn't be that hard to understand that it related to the scenario where the retailer refused to refund and refused to pay for, or even reimburse, return postage. You were unfortunately not able to discern that from the post. Just up on your little belligerent high horse trying to score internet points and making yourself look incredibly silly.

    Go take it up with the Legislature if you don't like the Irish Statute book FFS 🙄 ........ I think there is a similar EU law so take it up with them as well. Fact is that if someone sends you something that you didn't order, you are under no obligation to effect it's return apart from reasonably facilitating the sender to retrieve it at their effort and expense. That doesn't mean you can't work with them or send it back, just that if they are being ****, you can tell them it's not your problem.

    Don't be a doormat letting people walking over you all the time. Know your rights



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