Distance Selling Rules - Swimwear

DLE

Hi,

Bit of advise please.

I purchased a couple of swimwear items from a sports retailer online and now want to return 2 items. I have checked the Invoice that came with the parcel and it states that no underwear/swimwear etc can be returned. It also states " Unless otherwise informed at the time of puchase, you may return your order within 28 days...."

When ordering online, no where did it say you cannot return swimwear. I have since been onto the website and tried to locate anything that says I cannot return swimwear. It does not state this anywhere and I just wondered if I had the right to return the items under DSR as it's not stated on their website I cannot return?

Many thanks

shaun_from_Africa

Despite what the retailer states, swimwear is normally not exempt from the DSR's.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

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.