Return postage to merchant on wrong item
I think I have this right but wondered if anyone knew more about this:
I ordered a present for my niece's 2nd birthday from a web retailer and made sure the description said it was suitable from 2+. When it arrived the box and instructions said it was suitable from 3+. Therefore I contacted the company and said that I wanted to return it and as it wasn't as advertised, due to the Distance Selling Regulations, I wouldn't have to pay the return postage.
The merchant replied stating that they has tested the item and it was suitable for 2+. This of course was nonsense so I called them on it and they dropped it. Now they are refusing to pay the return postage as its not in their T&Cs. I have quoted the relevant passages of the DSR clearing showing that they have to pay for the return but they are still refusing and have now turned hostile, basically calling me stupid and mocking me for not understanding the DSR.
My next move is to contact them one last time and inform them that I am contacting the bank to order a chargeback on the transaction and that once I have the money back the goods will available for collection at their leisure.
Can anyone see any problem with this?