@fabriclandcouk - How to claim a refund on an cancelled online purchase

[BankFodder]

And what company is it that you've been dealing with?

[BankFodder]

But which was the "large online fabric shop" – or are you trying to protect them?

[BankFodder]

Thanks.

In principle, because this was an online purchase, you have the right to a 14 day cooling off period. This is under the latest distance selling rules. However, there are exceptions and one of the exceptions is in relation to items which are custom-made/made-to-measure.

I'm troubled by the fact that you have ordered fabric – and of course I can imagine that fabric will always have to be cut from a roll – but that could mean that it has been made or modified specially for you in which case it would not benefit from the distance selling cooling off period.

Of course it is not very good that they haven't responded to you at all – but looking at the terms and conditions, I see that they refer specifically to the cutting fabric and that it is not returnable. https://www.fabricland.co.uk/information/orders-and-returns/

that would be correct.

On the other hand, not all of their terms and conditions are correct. For instance:

Quote

7. I have kept my goods for a long time period, and I have found a fault. Can I return it?

The consumer contract regulations are there for the customers protection. We do advise that customers check through their fabrics/trimmings before they are used, even if the customer is not planning to use them for a while. Once fabrics and trimmings have been cut by the customer, we can not offer an exchange or refund, even if the items are faulty. We also advise customers to check their goods as soon as possible, just in case the faulty item is no longer in stock and we can not replace it for the customer, as they waited too long. If the order was placed months before the customer contacts us about faulty fabric, we do not have to offer a refund.

 

This is completely wrong. First of all the rules relating to faulty items are governed by the Consumer Rights Act 2015 – and secondly, even if faults become apparent after they have been cut by the customer, then they are still returnable and in fact you would have six years from the time that the fault has been discovered to act upon that if Fabricland cause you any trouble.
So clause 7 of their terms and conditions are unenforceable. I have looked through the rest of their terms conditions – but when I start to see companies trying to hoodwink their customers with unenforceable terms, I start getting worried about the company.

 

And I see what you mean about bad reviews on trust pilot

https://www.trustpilot.com/review/www.fabricland.co.uk

[BankFodder]

Yes, if they have a 30 minute rule and you cancelled within two minutes then absolutely, there is no contract.

In fact they specifically say that you make an offer to them – which is quite normal – and the offer is not accepted until it is processed – at least 30 minutes – and so within the 30 minutes you revoke the offer and you communicated that revocation to them.

What was the value of the order?

A shame you paid by PayPal. It would have been easier if you had used a card because then you could challenge the payment with your bank

[BankFodder]

Yes, what a load of hassle. I hope you have added your review to the others on trust pilot.

You may as well try PayPal first and tell them about the issue. I'm sure that it will be best doing it on the phone. I have found that with PayPal, if you manage to speak to somebody and explain the situation very gently, they are very sympathetic. They will give an opportunity to the company to respond – and certainly if there is no response from the company then you will get your money back.

Other than that, the only thing to do is to threaten and then to bring a legal action. This will cost you £25 but on the basis of what you say, your chances of success are much better than 95%. You then have to enforce the judgement against their office in Ringwood. That would cost you £66 – but you would get these fees back. I don't expect there would be a big problem enforcing the judgement and it may well be that once they get the court papers, they will wake up and simply pay you.

Have you were with PayPal and then let us know what happens and we can tell you about the next step if there is no joy there

[BankFodder]

Pretty poor reviews on Google as well https://www.google.com/search?sxsrf=ALeKk03_eautMM_PsINOtijaEFURAhtAQg%3A1590846563469&ei=Y2TSXtafHIOca4mKioAD&q=fabricland+ringwood&oq=fabricland+ringwood&gs_lcp=CgZwc3ktYWIQARgAMgIIADIGCAAQFhAeMgYIABAWEB4yBggAEBYQHjIGCAAQFhAeOgQIABBHOgcIABAUEIcCOgUIABCRAlCULVjkSWDLb2gAcAF4AIABX4gBtASSAQE5mAEAoAEBqgEHZ3dzLXdpeg&sclient=psy-ab#lrd=0x4873973a0fdd733b:0xe45a6008132a6339,1,,,

[BankFodder]

No it won't compromise any future legal actions