DSR - sale items excluded?

Hi folks
Would much appreciate your views on this please.
My girlfriend has just purcahsed a posh £275 bag from:

http://www.pickett.co.uk/faq/index/categoryshow/cat_id/2/

Unfortunately, ungrateful me doesn't like it and would like the freedom to look at other retailers - so I looked at the FAQs about the refund. Its states the following:

If you are not completely satisfied with your purchase, we will be happy to offer a refund, in accordance with the terms below.
A full refund (excluding original delivery charge) will only be issued if the goods are returned within 14 working days of receipt. Your receipt will be required for proof of purchase and any refunds will be made by original payment method.
Unfortunately, we are unable to offer refunds for Bespoke, Personalised and Sale items.


I didn't think the DSR right excluded 'sales items' which mean Picketts policy is breaking the law if I want a refund?

I've looked on the gov.uk website and cant find any exclusions for sale items - am I being thick, or can anyone point me towards the specific text within the legislation please?

MTIA

Andy
«1

Comments

  • London50
    London50 Posts: 1,850
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    From the Gov website

    When you don’t have to offer a refund
    You don’t have to refund a customer if they:

    knew an item was faulty when they bought it
    damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
    no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it

    Link to site....
    https://www.gov.uk/accepting-returns-and-giving-refunds
  • Andyhhh
    Andyhhh Posts: 60
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    Thanks London50, much appreciated.

    So that answers the sale question - which is good news.

    Stupidly - I dodnt make it clear that she purchased it on-line, so the next question would be have we 'seen it' (and therefore excluded?) if purchased on-line?
  • Oakdene
    Oakdene Posts: 2,560
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    Andyhhh wrote: »
    Thanks London50, much appreciated.

    So that answers the sale question - which is good news.

    Stupidly - I dodnt make it clear that she purchased it on-line, so the next question would be have we 'seen it' (and therefore excluded?) if purchased on-line?

    Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’.
    You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
    You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • neilmcl
    neilmcl Posts: 19,460
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    DSRs no longer exist, it's the Consumer Contracts Regulations (CCR) you should be looking at. The bottom line is you purchased it online and if the contract was made entirely by distance means then you are entitled to cancel the contract for a refund.
  • theonlywayisup
    theonlywayisup Posts: 16,031
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    Andyhhh wrote: »
    Hi folks
    Would much appreciate your views on this please.
    My girlfriend has just purcahsed a posh £275 bag from:

    http://www.pickett.co.uk/faq/index/categoryshow/cat_id/2/

    Unfortunately, ungrateful me doesn't like it and would like the freedom to look at other retailers - so I looked at the FAQs about the refund. Its states the following:

    If you are not completely satisfied with your purchase, we will be happy to offer a refund, in accordance with the terms below.
    A full refund (excluding original delivery charge) will only be issued if the goods are returned within 14 working days of receipt. Your receipt will be required for proof of purchase and any refunds will be made by original payment method.
    Unfortunately, we are unable to offer refunds for Bespoke, Personalised and Sale items.


    I didn't think the DSR right excluded 'sales items' which mean Picketts policy is breaking the law if I want a refund?

    I've looked on the gov.uk website and cant find any exclusions for sale items - am I being thick, or can anyone point me towards the specific text within the legislation please?

    MTIA

    Andy

    Not only are you entitled to change your mind, you are entitled to a FULL refund and that includes your original delivery charge (unless you paid more than the standard charge i.e. you chose a faster method).
  • macman
    macman Posts: 53,008
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    I think that the OP was asking as a supplementary question if there was a right to return sales items if purchased in store?
    There is no legal right to return if purchased in store at all, other than what is available under the store's own returns policy, which could be zero.
    No free lunch, and no free laptop ;)
  • Oakdene
    Oakdene Posts: 2,560
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    macman wrote: »
    I think that the OP was asking as a supplementary question if there was a right to return sales items if purchased in store?
    There is no legal right to return if purchased in store at all, other than what is available under the store's own returns policy, which could be zero.

    But he clearly states that he didnt make it clear it was bought online
    Andyhhh wrote: »
    Thanks London50, much appreciated.

    So that answers the sale question - which is good news.

    Stupidly - I dodnt make it clear that she purchased it on-line, so the next question would be have we 'seen it' (and therefore excluded?) if purchased on-line?
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • theonlywayisup
    theonlywayisup Posts: 16,031
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    Op, this is a simplified version and should show you all you need to know.

    http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

    I suggest your partner emails and notifies the company that she is cancelling. Do this within the 14 day period. Then send the item back with the proof of purchase and a covering note explaining you are cancelling under the CCR and want a refund of the FULL amount you paid. Send the item using an insured and tracked service such as Special Delivery.
  • macman
    macman Posts: 53,008
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    Oakdene wrote: »
    But he clearly states that he didnt make it clear it was bought online

    Yes, but he also seemed confused as to the definition of 'seeing' the item. However I assumed from the outset that it was purchased online, and was attempting to outline the circumstances under which a return would not be offered-which might benefit others.
    An alarming proportion of consumers seem to think that a refund is a 'legal right' just because they change their mind after purchase.
    No free lunch, and no free laptop ;)
  • macman wrote: »
    An alarming proportion of consumers seem to think that a refund is a 'legal right' just because they change their mind after purchase.

    But in many cases, a refund for a change of mind is a legal right even if the purchase was made face to face in a shop.
    If a shop has an advertised policy stating that returns can be made for any reason (such as John Lewis) then the terms of the policy form part of the contract of sale and are legally binding on both the buyer and retailer.

    Because many retailers have a similar policy, it's easy to see why many people wrongly assume that this applies to all retailers.
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