dsr is this site above board?

[thepartyfrock]

Hi alll

I've just had an enquiry from a lady to alter a dress. She explained to me she bought it from a shop online www.udresses.co.uk and she didn't read the terms and conditions when she made the purchase. It was an off the peg dress not custom made or anything. When her daughter managed to ger home to try it on 2 and a half weeks had passed since she ordered it. It was too small and turned out it was a size ten and they'd ordered a size 12. when she tried to get in touch with the website to retrn it she found that she had only had 7 days to send it back before it was too late. she was a bit miffed especially since she'd paid £180 for the dress and she wasnt even allowed to swap it for a larger size. I'm going to have a proper look at their terms and conditions but i thought with dsr the customer had longer than 7 days to return something that wasn( right(the size label said 1 size smaller than ordered). I don't want to do any alterations to the dress if there's a chance she could exchange it for a bigger size. Anyone got any thoughts?
Kate x

[Baa]

Is your customer aware the website is registered in China and if the business itself is in China and does not have a business entity in the EU the DSRs don't apply?

However as far as DSRs are concened, the customer has 7 days on receipt of the goods to notify for a cancellation of order which is what this situation would be. This is on the condition that the information for the 7 days cancellation is given (website, email etc) prior or after purchase but within 3 months i.e. if I notify someone after 2 weeks of purchase I still have to allow them a 7 days cancellation from that time. If the information for 7 day is not given then the customer has 3 months and 7 days after receipt of the goods.

[scotserve]

No it does not comply with DSR's but as Baa said this site is a chinese company outwith the EU so does not apply
There is no contact information on the site and returns process clearly states about returns to China
How did they pay - only option I see is a possible chargeback

[Baa]

How did they pay - only option I see is a possible chargeback

Is that not unethical since the business hasn't actually done anything wrong and the item isn't faulty?

[scotserve]

How did they pay - only option I see is a possible chargeback

Is that not unethical since the business hasn't actually done anything wrong and the item isn't faulty?

Goods are "faulty" as the wrong size has been supplied i.e. goods not as ordered so I see nothing unethical in requesting a chargeback if they wont respond.

[Baa]

How did they pay - only option I see is a possible chargeback

Is that not unethical since the business hasn't actually done anything wrong and the item isn't faulty?

Goods are "faulty" as the wrong size has been supplied i.e. goods not as ordered so I see nothing unethical in requesting a chargeback if they wont respond.

Ahh right I misread the size issue (thought the customer had ordered the wrong size themselves rather than sent the wrong size) my mistake. Then yes a chargeback and making the dress available for collection by the business wouldn't be unethical I agree.

Just a point that's nothing to do with the OP but is part of the discussion I would say that is frequently confused with mail order. If you make a chargeback or have another item sent to you (which can happen for a variety of reasons, not least slow post). The unwanted item is not the buyers property and must be returned or at least made available for collection. It's worth putting that in terms and conditions that you retain the rights to faulty and cancelled goods as well as quite a few people think they can keep the extra one.