Seller refusing a return

[JRDunlop]

I’m wondering if anyone knows the answer here. I bought a pair of shoes from a company. Bought them in an online sample sale via their Facebook business page. Shoes do not fit. Company are refusing me a refund because they say the rules of offering a refund don’t apply to sample sales. The UK government website rules on distance selling say all online selling requires you to offer a refund if something doesn’t fit. I paid via PayPal so have escalated to a claim but to do that had to select ‘significantly not as described’ because that was the only option when you have received an item. The thing is these shoes aren’t significantly different from their description, they are a size 8 and I am a size 8 but they do not fit me. Are PayPal likely to resolve in my favour because UK law says I should be offered a refund or will they close the case because it doesn’t fall into one of their claim brackets?

[kernowlass · Accepted solution]

@JRDunlop 

Paypal gives you 'some' buyer protection but its not a 100% coverall and in the event of an item received but not as described dispute they never view the item and so have to make a judgement call.

If you lose then there is nothing to stop you pursueing the seller in the UK small claims court if you want to as long as the seller is in the UK as well.