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Sent Clothes Back, Company Claims They Are Used / Not From Them

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  • Sent Clothes Back, Company Claims They Are Used / Not From Them

    Hello All,

    I’m facing quite an unorthodox situation.

    I ordered some clothing online. After delivery, I realised that the clothes sent to me were the wrong colour. I called the company (several calls to their UK line, no response) and dropped them an email with photographs of the clothes that were delivered to me.

    The company replied after a couple of days, asking me to send the items back to their UK address (this UK address is published on their website, but their warehouse and head office is somewhere else in the EU). I did so, and they received the re-directed package from their UK office in their EU head office earlier today.

    They have rejected my request for an exchange (I requested this if my size is still available) or a refund (if my size is OOS), saying that the clothes are not correctly tagged (apparently they are supposed to be tagged at an angle by the manufacturer), that the clothes show signs of use, smell like they have been used, and as such they would be returning the clothes to me, and enclosing an invoice for the return postage from their head office. They said that they have never made mistakes with their stock before, and ‘that is a fact’.

    I’m replied saying that I was disappointed with their assessment, highlighted that this was not my 1st order (but I had no issues previously), and that I had done all that they asked (I called them about the incorrect colour within half an hour of delivery, sent photographs and paid for tracked return postage (their preference), not too sure what else I could’ve done)

    I am wondering what is the best way to (if I stand a chance of doing so) get my money back. I paid using my Debit Card through PayPal, therefore I assume that s.75 would not apply (please correct me if I am wrong). My 1st thought is to file a PayPal claim, but I’m not sure if PayPal would accept evidence such as timed call logs, and screenshots of emails to the company with photographs as attachments. I am also considering filing a chargeback through my bank, and supplying the bank with all of the information I have.

    I am considering filing a complaint with Trading Standards, but am not too sure whether to supply the company’s UK address, or their EU Head Office address.

    What should I do about the package being returned to me, should I just reject it outright? I’ve highlighted to the company that I contacted them about the wrong item as quickly as I could, but they have replied saying that it is my responsibility to have unwrapped and checked the clothes with the postman present, and rejected it outright if there were problems, although I feel that no one actually does this frequently. They also said that I had sufficient time to apparently switch out items, and said that I should’ve stayed longer on the phone when I rang them initially (because whilst I called a UK line, the lines had to ring for some time before being redirected to their Brussels line).

    I would like to try to contact their Managing Director first to resolve things, but in the meantime I’m not too sure what to do with the returned package, or whether I should be more harsh and simply set up a PayPal dispute / chargeback immediately (feeling a bit dumb for not doing it earlier).

    All advice is appreciated, thank you!
    Tags: None

  • #2
    Who is the company ? ( basically is it a small independent company or one of the big online retailers ( like boohoo/asos etc ) Different companies have different terms so worth knowing who it is so that can be checked.

    Were the items the correct 'model' and 'size' just the wrong 'colour' ? ( eg the same dress but in green rather than orange ) Does your order confirmation show the colour ordered on it?

    You're right that s.75 wouldn't apply as you used a debit card, you could look at a chargeback.

    How long after delivery did you a) try to call them and b) send the email ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hello, thank you for your reply.

      1. Small Independent Company, who ship within the EU. I’ve briefly checked their terms and conditions, and they have a section for incorrect delivery, they said to contact us as soon as possible, which I felt like I had done, but maybe they see otherwise.

      2. They are the correct model and size, just not the colour I ordered. My order confirmation, as well as the invoice in the parcel, shows the colour I ordered (green), but they sent navy.

      3. I’ve checked the tracking info of their delivery, it says the parcel was handed to me at 9.35AM. I called them at 9.50AM, and again at 3.50PM, also the next day as well (all just rang and were not answered, eventually leading to a voicemail in a foreign language, maybe Dutch?) My email to them (with photographs of the navy clothes) was at 9.52AM.

      Yeah I’d head down to the bank after Uni tomorrow to initiate a chargebAck. Would it be best for me to print out my call logs and emails? I am worried that having paid through PayPal would somehow put me at a disadvantage, and I’ve never filed a PayPal claim before. It will also be my first time starting a chargeback hence I hope it goes alright, is there anything in particular I should know or is it just going to the bank and supplying them with all the info I have? As I’m on a student account / only have a debit card to access my funds, hence I do not wish to risk anything major.

      Comment


      • #4
        Originally posted by GreenMalis View Post
        . My 1st thought is to file a PayPal claim, but I’m not sure if PayPal would accept evidence such as timed call logs, and screenshots of emails to the company with photographs as attachments. I am also considering filing a chargeback through my bank, and supplying the bank with all of the information I have.
        I run a small business where we used to use PayPal and unfortunately we had a few chancers who would open disputes on PayPal.

        Btw I'm not saying you are a chancer, just highlighting PayPal's behaviour.

        PayPal 100% sided with the buyer despite any evidence we provided to the contrary and they would always get a refund.

        I am worried that having paid through PayPal would somehow put me at a disadvantage, and I’ve never filed a PayPal claim before.
        From my personal experience I'd say you are at an advantage as opposed to disadvantage with PayPal and should open a dispute via PayPal to get your money back that way as the least hassle solution to this.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          So you ordered green and got Navy. SHould be obvious when the goods arrive back. So PayPal dispute it is then.

          Comment


          • #6
            Hello, thank you for the replies.

            jaguarsuk Thank you for sharing your experiences with PayPal, I honestly thought that they’d be more discerning or try to review both sides’ evidences. I was worried that the store would point towards their previous orders paid by PayPal (my previous orders with them were paid via PayPal too) to try to say that I’m making things up, but perhaps this time having paid by PayPal would work in my favour.

            ostell Yeah I will file a PayPal dispute. On hindsight I really should’ve filed one earlier, but I was waiting for the package to be sent from their UK warehouse to their headquarters

            Comment


            • #7
              Hello, thank you for the replies.

              jaguarsuk Thank you for sharing your experiences with PayPal, I honestly thought that they’d be more discerning or try to review both sides’ evidences. I was worried that the store would point towards their previous orders paid by PayPal (my previous orders with them were paid via PayPal too) to try to say that I’m making things up, but perhaps this time having paid by PayPal would work in my favour.

              ostell Yeah I will file a PayPal dispute. On hindsight I really should’ve filed one earlier, but I was waiting for the package to be sent from their UK warehouse to their headquarters
              Yeah I hoped they would as a business, but sadly not. We have switched over to Stripe now as a result because I operate fairly and refund customers if we've made a mistake. Equally though I refuse when I know we are in the right and they shouldn't have the ability to just bypass me.
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment


              • #8
                Hello there! I have a question about the same stuff. Want to buy some clothes for my wife on the internet, and thinking about returning my money just in case. All through, the store looks good, that story from OP makes me think about protection. I'm talking about Lily Lulu store. WTB over the knee boots there. People on the internet says that they're just fine, and as I can see they have a lot of different clothing. But maybe you guys know more about it? Want to be sure that they won't try to fool me, like it was in the OP's case. What can I do to prevent stuff like that? And what if I use another service of payment? Skrill, for example? Will they be on my side?
                Last edited by MrSandman; 27th November 2019, 10:00:AM.

                Comment


                • #9
                  If you have concerns over the company you are considering buying from then personally I'd go with your gut instinct and shop elsewhere.Â*
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Trustpilot is always a good place to start, I always read the bad comments to ensure the good ones are genuine.

                    https://uk.trustpilot.com/review/lilylulufashion.com
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment


                    • #11
                      As above. I always use PayPal any dispute it is resolved in buyers favour. I learnt the lesson the hard way.

                      Comment

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