PLEASE HELP!! - Returning bras bought online - what are my rights?

aliciadegalicia

Hello!

I'm new to this site and I was hoping one of you could help me.

I purchased several bras online (on SecretSales.com) to try for size (9 in total, in different sizes and colours).
They were delivered last Thursday (May 26th).
I want to return 7 (the ones that are not suitable, only tried 3) but I just found out that in their T&Cs they state the following:

"4.3 Contract cancellation

4.3.3 Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:

4.3.3.4 Swimwear, underwear and lingerie"



And this:

"4.4 Returns

4.4.3 The Member shall not (except in the case of faulty Goods) have any right to return Goods which been assembled or installed, in whole or in part, or any which, for reasons of hygiene (such as, but not limited to, toiletries, cosmetics, lingerie, swimwear, earrings and any duvet or pillow) have been opened or similarly, in the case of all electronic items where the boxes have been opened, unless otherwise specified. In the case of returns of items of jewellery, see the Seller's Returns Policy on FAQs Page."

I've been buying bras online for years and I never had any problem returning them, that's why it didn't occur to me that this site would be any different.

Am I stuck with all these unsuitable bras or is there anything I can do and any law/consumer rights I can mention to be able to return the bras?

Any help will be greatly appreciated.

Thank you very much.

shaun_from_Africa

The OFT have some good guideline for businesses regarding the distance selling regulations, and they state that you should be entitled to return the bras.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf;jsessionid=554625222DCD967977F7C53BB8864630

I sell items that may raise health and safety concerns if
returned unsealed. How are such products treated under
the DSRs?

3.41 The first question to consider is whether such items fall under the
exceptions listed at paragraph 3.38, for example goods that by reason
of their nature cannot be returned. The DSRs do not define this
category any further but we consider this exception to apply only
where returning the goods is a physical impossibility or where they
cannot be restored in the same physical state as they were supplied.
This exception may apply, for example, to items such as latex or
nylon clothing which could become distorted once worn.

3.42 We are conscious of concerns about reselling items which may raise concerns about hygiene. However, the DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

Even though it appears that you are legally entitled to return them (provided you are within the time allowed by the DSR's), getting the retailer to agree may be a different matter and you could have a bit of a fight on your hands.

Enterprise_1701C

Were they packaged or just loose? II have you taken them out of the packaging?

I am not sure on the rules on this. I always thought it was pants that could not be exchanged, but bra's could.

Have you tried starting the process of returning them on the website? Might be worth a go if you have not, just to see if it works.

If you have problems, contact them and ask if you can return them, butter them up a bit saying how nice the other bras are but that ones that do not fit are no good to you.

Might be worth saying who you bought them from on here, there might be other people around with experience of their returns policy.

fluffnutter

Can't return bras? How ridiculous. There's nothing inherently grubby about a pair of boobies. If you can return a t-shirt you should be able to return a bra. Stick to your guns.

hazybubbles

I've never had a problem returning bras bought online. Did you also purchase matching knickers (as I could see why returning a set including the bottom part may be a problem)? Have you actually asked them yet if you can return them? I would think bras would be one of the most commonly returned items when bought online as there are so many different shaped boobs!

peachyprice

I've retruned bras to Secret Sales with no probs. the Caprice ones are always a bad fit, but my OH it a sucker for pretty frillies

mitch161

i know not all woman are not mothers but bra's do come under the hygiene rules as lactating and other issues can cause problems with bra's

even headphones these days cannot be returned as unwanted gifts due to hygiene issues about ear infections/wax.

weven if you dont suffer from ear infections or lactating. its just a general 100% rule for all items/people.

how would you like it to be wearing a bra that someone else may have worn, not knowing what the previous wearer may have been doing the night before with her BF. what ediable body paints, lotions or bodily fluids may still remain in the bra

if i was you i would try getting your ... assets measured properly so you know exact dimensions and only buy from retailers whom you trust to sell bra's that are the sizes advertised.

learn from this experience and possible stick to the old retailer you use to use. atleast you now have 7 extra pairs of comical ear muffs..

or atleast keep them incase your lifestyle changes where they may be more comfortable fitting in future if body changes

Auntie-Dolly

Bras are not exempt from DSR's. You are entitled to return them for a full refund.

peachyprice

mitch161 wrote: »

i know not all woman are not mothers but bra's do come under the hygiene rules as lactating and other issues can cause problems with bra's

even headphones these days cannot be returned as unwanted gifts due to hygiene issues about ear infections/wax.

weven if you dont suffer from ear infections or lactating. its just a general 100% rule for all items/people.

how would you like it to be wearing a bra that someone else may have worn, not knowing what the previous wearer may have been doing the night before with her BF. what ediable body paints, lotions or bodily fluids may still remain in the bra

if i was you i would try getting your ... assets measured properly so you know exact dimensions and only buy from retailers whom you trust to sell bra's that are the sizes advertised.

learn from this experience and possible stick to the old retailer you use to use. atleast you now have 7 extra pairs of comical ear muffs..

or atleast keep them incase your lifestyle changes where they may be more comfortable fitting in future if body changes

What are you talking about?

Body paints, bodily fluids, while trying on a bra? Following that theory no item of clothing should be able to be returned, just incase.

It's perfectly acceptable to try on a bra and return it if it doesn't fit, online and in store.

tomwakefield

mitch161 wrote: »

i know not all woman are not mothers but bra's do come under the hygiene rules as lactating and other issues can cause problems with bra's

What if a woman wants to try on a top which doesn't require a bra? Is that top exempt from DSR as well?

peachyprice

tomwakefield wrote: »

What if a woman wants to try on a top which doesn't require a bra? Is that top exempt from DSR as well?

Duh yeah, obvioulsy it might have bodily fluids and body paint on it.;)

Same for jeans as well.