Rights on returning earrings

charlycat

I bought a necklace/ earrings set online from Marks and Spencer to give as a gift and when I received them they did not look quite like they had on screen and are unsuitable. When I tried to return them (in unopened packaging) instore they refused to exchange or refund - there is a no return policy on earrings. This is not stated on the page where you buy the earrings and buried in their returns policy which I have since checked. Although their policy also states 'These products can only be returned in accordance with your legal rights.'
So should I go back and try to return them again - do I have any legal rights? Any help would be gratefully received.

lucylucky

"So should I go back and try to return them again - do I have any legal rights"

Unless they are faulty you have no "rights" regarding them

clarkey3262

As you purchased them on the internet and providing it has been less than 7 days after delivery you can return them under the distance selling regualtions. Just email them first to cancel the contract so that you have proof

bookworm1363

Incorrect.

The goods are not "as described", so OP can reject under SOGA.
Or she can return them under DSR. It is a huge misconception (encouraged by retailers, of course) that earrings are excluded. They can be excluded when you buy face to face, but I'm afraid that the DSR do not have ANYTHING relating to earrings, underwear etc... They're not personalised, they're not perishable items, etc...

If someone can point me to case law (not opinions, not advice forum etc, LAW) which says otherwise, I'd be very interested to see it, but to my knowledge, the DSR have not been amended since their inception.

lucylucky

Oosp!

Missed the online purchase bit.

Apologies.