Not What I Ordered

[1mper1um]

Hi,

 

 

I ordered a jacket from an online retailer - Supreme Couture. I had seen the jacket on another website and was surprised to see it elsewhere (and much cheaper too) and so I ordered it in good faith.

 

The jacket was a brown, distressed jacket. Very informal and very cool. The item arrived today but is not what I ordered. Yes, it looks the same in terms of design but the jacket I have received is closer to tan in colour. More to the point, it has a completely different aesthetic - looks a different jacket: leather, finish, fit etc - and this is clearly not down to the fact that it's brand new.

 

This is what I ordered

Yet what arrived has the same design but looks more like this in terms of colour, leather and fit.

 

I contacted Heron - the company where I first saw the jacket - and they confirm it is their design, that they do not share their designs with anyone and that the jacket they sell looks exactly as in the picture.

 

On closer inspection I noticed the site I ordered the jacket from have used the exact same image as on this other supplier. All they have done is black out the logo on the inside of the jacket.

 

Also, the jacket has come with a label for Ultimo Fashions (another website that is using the same stolen image from Heron).

 

I have contacted the seller and asked for a full refund - including the postage costs they charged me (a scandalous £16 when sent within UK) as well as postage costs in order to send the jacket back. Additionally, their Ts & Cs state that exchanges are possible but the customer must cover postage. I feel I should not have to stand any fees - and get a full refund not an exchange - because I have acted in good faith, believe I have not been sold what I bought, and that the image on their website misrepresented what I could expect.

 

Please can you confirm I am right and what laws/trading acts they are in violation of if they do not refund all costs?

 

 

Thanks in advance.

Edited December 6, 2012 by 1mper1um

[raydetinu]

under the RSR regs you have seven working days to cancel your orde, from the following receipt and they must return all your monies inc postage within 30 days, even if you have not returned the goods.

they must also pay for the return of the goods if they are not as described or have a fault.

You could also report this to trading standards.

[1mper1um]

Thanks for that! What does RSR stand for? I tried looking under trade of goods act for "official" info to hit them with but am not getting much luck.

[raydetinu]

distance selling regulations.

you have 7 working days from the day after receipt.

this is addition to your stautory rights under SOGA ( sale of goods act ). which covers faulty goods etc.

[1mper1um]

Got a reply and so far it's better than I expected. They say they are unable to arrange pickup and want me to pay to return the item and then they'll refund all payment including the return shipping.

 

Thing is, I feel I shouldn't have to pay let alone go to the hassle of packing and posting. Am I being unreasonable in wanting them to return my payment first - along with return shipping fee - and then I'll post the item back? I prefer this option as I want to make sure I get the refund and don't want to throw away my leverage. I'm also short of money as it's coming up for Christmas.

 

Thanks in advance.

Edited December 9, 2012 by 1mper1um

[raydetinu]

Rubbish, dont do it, what if it goes missing or damaged, you will be responsable!

It is all on them.

Just camcel the order and get your money back.

Let them pick it up. its their mistake.

[1mper1um]

Once again: thanks!

 

Question though - what would it matter if got lost or damaged in return transit? Isn't the fact that the contract is cancelled means you're not liable once it's posted back?

[1mper1um]

I knew it was too good to be true.

 

 

In reply to their request for me to pay for the item to be shipped back I emailed:

 

Hi,

 

 

Sorry but that is not possible, nor is it my legal responsibility to do so. I have checked with Sky Net (the company who sent the package) and they are more than capable of arranging pickup and return for you so you can order through them. Please note that it is your legal obligation to return all monies, including postage, within 30 days even if I haven't returned the items.

 

 

Thanks

 

 

Seems fair enough. Polite but firm. Yet they have just replied with this corker:

 

Hi,

 

OK FINE.. Choice is yours, go to courier/post office, whatever it takes to send this jacket back to us or complain to the trading standard authorities, waste your time and money and end up send this jacket back to us on your own. Your attitude will not lead to a resolution and this is the end of communication from us, until we hear back that you are shipping this item back to us. We don't have time like yourself to write big emails specially ones with attitude.

So take good care of yourself, we have been dealing with blackmailers like you since least 3 years. So these tactics wont work with us ..

Awaiting a sensible reply.

 

Thanks

 

I don't know where to begin with this. From calling me a blackmailer for stating the law and for pointing out that they can easily arrange pickup to their inference that I was not being sensible whilst they throw insults around and throw their toys out of the pram. Incredible. I paid through PayPal so can start the complaint process there but a) have you ever seen anything like it and b) any advice?

[1mper1um]

Bump.

[raydetinu]

up to you really now, post it back and see what happens.

have done this in the past with ebay items; recorded.

try paypal ( open dispute ) but think that only coverrs non-delivery of items paid for.

Not what you would call polite customer relations.

[1mper1um]

up to you really now, post it back and see what happens.

have done this in the past with ebay items; recorded.

try paypal ( open dispute ) but think that only coverrs non-delivery of items paid for.

Not what you would call polite customer relations.

 

Seeing as you pointed out they could stiff me if I send it back (and probably will now they've got arsey) wouldn't it be silly to send it back now? PayPal voted in my favour but requested I posted item back at cost to myself so have been forced into small claims court action.