Online sales, no refund on sale items?

wavemaster

An online store based in the UK has the following policy regarding sale items:

"We regret that we are unable to offer refunds on any Sale items unless proven faulty. We will be happy to offer a like for like, size exchange or credit note for any unwanted Sale items returned within 14 days of receipt, provided the items are resaleable with all tags attached.

*your statutory rights are not affected"

Are they allowed to bypass the distance selling regs like this?

dmg24

You can enforce your rights under the DSRs as it is a statutory right. However, the retailer should not be using such a 'blanket' statement.

Antispam

The DSR was clarified the other day about postage costs too, so shops have to refund the postage costs I assume reasonable costs ie via RM and not courier . I cant find anything about sales items not applying under DSR

gibby

I have seen this done in retail shops but unsure if its legal for online stores.

If you don't like it then don't buy from them.

The DSR guidelines really need updating. They were originally intended for mail order catalogues etc & been applied to online stores when they should have been revamped.

G

LeicDave

Online retailers are bound by the same rules as High Street retailers. So you can enforce your rights and demand a refund.

neilmcl

gibby wrote: »

I have seen this done in retail shops but unsure if its legal for online stores.

If you don't like it then don't buy from them.

The DSR guidelines really need updating. They were originally intended for mail order catalogues etc & been applied to online stores when they should have been revamped.

G

I don't see why the DSR's need revamping, they are perfectly clear on this matter.

OP, the very fact that they have the line "your statutory rights are not affected" tells you that their own T&Cs don't bypass the DSRs or any other UK consumer legislation.

BillTrac

Antispam wrote: »

The DSR was clarified the other day about postage costs too, so shops have to refund the postage costs I assume reasonable costs ie via RM and not courier . I cant find anything about sales items not applying under DSR

The original postage costs incurred when you order the item. A lot of companies including Next were refunding the cost of the item, but were holding onto the carriage costs

Brooker_Dave

LeicDave wrote: »

Online retailers are bound by the same rules as High Street retailers.

They're not.

Brooker_Dave

neilmcl wrote: »

I don't see why the DSR's need revamping

They make all UK mail order goods more expensive than they need to be.

cardinalbiggles

LeicDave wrote: »

Online retailers are bound by the same rules as High Street retailers. So you can enforce your rights and demand a refund.

If you buy something from the high street you have no right whatsoever to get a refund unless it is faulty, not satisfactory quality etc. etc.

Online you can send anything back within 7 days (unless its personalised, flowers or music/dvds) I think thats correct anyway...

adam.mt

Cardinalbiggles is correct, except music/dvds etc (physical goods not digital downloads) can also be returned as long as they remain sealed and unused.

I'd imagine the retailer's message is copy and pasted from use in a bricks and mortar store (where it's perfectly valid); as has been pointed out, it's not such for distance sales as the DSR now comes into play.