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Say if I pay £100 for an item purchased online but it doesn't fit, so I return it. In the mean time, price for the item has gone up to £120 and I get charged the extra £20. Should I be charged that extra? Not morally, but legally.
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Are you suggesting you got a refund and want to repurchase it ?
Or are you suggesting the shop what to charge you £20 for right size ?
To clarify, I returned it to exchange for the right size, and they've sent one back with a bill for the extra £20 on top.
Question is, since I originally bought it at £100, should that price stick?
By 'charged' do you mean 'refunded'?
If so then no, you would complain if you paid £100 and were only refunded £50 because it was now cheaper in a sale.
Forget the above, the clarification explains
Are you saying you bought the wrong size, or they sent the wrong size?
You had a contractual agreement to buy the size you purchased at the price you agreed.
If you returned it because they sent you the wrong size then they are failing in their end of the agreement, and you owe them nothing.
If you just bought the wrong size, and you've returned it and asked them to send you the one you should have ordered, then you owe them £20.
Disclaimer...I state what I would expect, I'm not quoting the law.
McHamish has it IMHO
If you just bought the wrong size, and you've returned it and asked them to send you the one you should have ordered, then you owe them £20.
I don't think that's quite right. They can't just invoice you cold like that - you'd have to agree to that purchase first.
Under distance selling regulations, you're entitled to inspect goods and reject them for refund within seven working days without supplying a reason. If this is what's happened, ie they've refunded you, and you've subsequently re-purchased the same item in a different size, then they should refund you £100 and charge you £120 - they're two separate transactions and two separate contracts (one of which has been cancelled).
If you've returned the goods for exchange and the shop has agreed, then that's different. They've no legal obligation to do this so whatever they offer is down to them. What they do have to do though is follow their own returns policy if it's publicly available, as this is classed as part of the terms of the sale contract.
If it is under their exchange policy, then it does strike me as a bit underhand to pass the price increase back to you. Unless they've agreed this with you beforehand and you've accepted, that sounds like breach of contract to me.
I've no idea of the actual legal position, but I'd be a bit surprised to be charged the extra TBH. I'd see it as still the same transaction, and them changing the price halfway through. So I wouldn't see it as a contract to buy a particular size at that price- rather as a contract to buy one of those items at that price, with exactly which one/size being beside the point.