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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I have purchased a product on an online website gift

Customer Question

I have purchased a product on an online website for a gift for my mom. Unfortunately she passed away two days before it arrived. After reading the terms and condition on the return and refund policy. The seller did not want to know. Mocking me, saying I could still send it to my mom she can wear it in paradise. I pointed out that it was no joke. I was then told that the product was no use to the seller and I should keep it as the process complicated and very costly. I insisted on her giving me her address,and to let me be the judge whether it was worth my while to pursue the matter still not have the address, i was then offered£10:00 as compensation as I put it to her that could she please explain to me how do people return goods if it is so complicated. She could not give me an answer.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the sum in question?
Customer: replied 1 year ago.
Ninety one pounds
Expert:  Jo C. replied 1 year ago.
What type of product is this?
Customer: replied 1 year ago.
It's a synthetic wig
Expert:  Jo C. replied 1 year ago.
Are you in the UK?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
I presume this product is not made to measure? it is not modified for your mother in any particular way?
Customer: replied 1 year ago.
No this was not custom made it was chosen from s/m/l.
Expert:  Jo C. replied 1 year ago.
Ok.
I don't suppose you paid by visa?
Customer: replied 1 year ago.
Yes I did.
Expert:  Jo C. replied 1 year ago.
Thanks.
You cannot generally return a product because it has no use to you. The fact that your mother has sadly died would not normally entitle you to escape a contract.
However, if this is an online purchase then you have rights under the distance selling regulations to change your mind within 14 days of sale.
The difficulty here is that the merchant is currently refusing to give you her address. She should not be doing that but the fact remains that she is.
The other alternative is to claim upon your visa card under S75 CCA as you have identical rights against them. The difficulty with that is that this sum was under £100 so S75 is not technically engaged but they may claw it back anyway. They often do.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
My concern about this whole thing is that that when I read the terms and condition it did not state that the return or refund policy was so complicated. And I assumed that the company was in the UK. When i checked it out again it was based in Hong Kong China. The seller had a UK email address. Should a registered company make it clear when they enter a contract with a customer under the terms and condition where they are based? The customer should know what type of contract they entering. No refunds and no returns. I do find it a bit strange that the seller was willing to give me £10:00 back for me to go away.
.
Expert:  Jo C. replied 1 year ago.
No, they don't have to do that.
But they are still bound by UK laws if they are selling in the UK.
However, they are harder to enforce.
Customer: replied 1 year ago.
Hi Jo i also think that company is involve in fraud, as the parcel was delivered to me by a courier I was not asked for a signature for acknowledgement of receipt. And the package did not have the company address. I am thinking that they might be shipping goods and selling them under false pretences and not paying tax. That is my assumptions . Because yesterday morning when I said to this person named Lucy that i had a friend who is a journalist. And would like to do an interview on her business she immediately seized the correspondence with me had no reply since. If she had nothing to hide why stop?
Expert:  Jo C. replied 1 year ago.
There isn't any way of knowing that really.
She probably just doesn't want to offer a refund.

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