Happy escape from online slipper stitch-up
GETTY Charges from the online store apparently shot up without warning, says Annie Hunt
During the transaction, which was conducted in February, the £91 charge had shot up to £103 without clear warning, she says. There were other hiccups too. But the fact the site's address was in Cheltenham, Gloucestershire, had given her confidence, she told Crusader, explaining: "The slippers were £20 cheaper than the official Ugg site and the store was in the UK so I went ahead. "After putting in my payment details though, a notification popped up from my bank Halifax checking I was the one making the purchase. But everything seemed in order after I called them and the processing went through." From then on, however, her doubts intensified when no confirmation email arrived. And then when she asked for a response she began to worry even more.
It's easy to get drawn in and then they just keep you hanging on, you feel helpless Annie Hunt
"I just got the same automated emails repeatedly, the ones asking me to confirm details I had already given, and others saying there was a delay," she says. It was only when she indicated to Frowon that she was considering cancelling her order that she got a reply. Unfortunately it was to inform her that she would get back only 70 per cent of the cost because of "handling" and "third-party fees". She was told she would also have to wait a month for that. After checking customer review sites she found she wasn't alone in experiencing such problems. Crusader took up the fight with ycsale.com, the address of the operation behind the brand name Frowon, which from clues in emails showed it had links to China. After arguments with a "David" in customer services, a full refund was offered but the timing of its delivery seemed far from certain. Getting cash back tends to be harder from an overseas business as opposed to a domestic one but, if circumstances allow, UK regulations can help ensure customers' refund rights.
GETTY A pair of cheap slippers became a whole new problem for Annie Hunt
Annie had several options. Firstly, Frowon's site only refers to its UK address. "Location matters," consumer law solicitor Joanne Lezemore of consumer-genie.co.uk says. "The jurisdiction clause, usually found at the end of the contract, indicates which countries' laws will apply. Here the only address is the UK one. Because no jurisdiction has been given, then the laws of the country where the contract's concluded are the ones that count. "And as the UK address appears on the front page there is no reason for consumers to assume that the terms of a different country will apply." Under British distance-selling laws, a firm must set out clearly who the supplier is and their full address if payment is made up front.
Terms give consumers the right to cancel up to 14 days after receipt for any goods sold in the UK or from an EU country. Annie was covered by these and had tried to pull out within the time limit, albeit unsuccessfully. Frowon states its returns policy is 30 days from shipment. "Trading Standards and the Advertising Standards Authority should be informed about this site," recommends Lezemore. Crusader understands TS is aware. Annie paid by debit card and card providers can reverse a transaction - normally within 120 days under a process known as a chargeback - if there is a breach of contract and goods are not received, are not as described, damaged or if a seller has stopped trading.
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Once we alerted Halifax to what had happened to Annie it acted promptly opening a dispute claim and refunding her £103. "It's easy to get drawn in and then they just keep you hanging on, you feel helpless," Annie told Crusader. "I'm so grateful you and the bank rescued me." Know FROM WHOM you aRe buying Limited UK businesses are registered at Companies House, and will display their number in the Ts&Cs or at the bottom of their website's home page. But small, unincorporated firms, including those based overseas, may legally need just a postal address, potentially giving the impression they have more of a UK presence than is actually the case. Always check the jurisdiction the company is under to see which consumer rules apply. If your purchase is for more than £100, pay by credit card for the best protection.