Refund for non-returnable product unlike the picture

wehalf

Hello, I've just bought what looked like a beautiful coat online. It cost £100 and looked worth it in the picture. The website states it is non-returnable as the size 16-18 was made to order. What I got looks like a dressing gown. It is shapeless and baggy. While it is not damaged nor a completely different product, it is similar to the picture but really ugly. Is there any way round a non-returnable claim online?
Ann.

arcon5

It really depends on the circumstances surrounding the purchase -- for example, if it had a drop down box where you select the size and they make it to order then you can return under DSRs (despite what their website says). If though it is personalised, ie 'this item will be made to a custom size' whereby you entered the size details you wanted then it could be considered personalsied and excluded from you rights to cancel.


You may though have the right under Sales of Goods Act to reject the product for a full refund for the reason 'not as described'. Do you have a photo of the item and the product photography? So long as they are materially different this should be a problem.

wehalf

Thanks for that.
There was a drop-down menu and I clicked the appropriate size.
What I received looks different enough for me not to want to be seen in it but possibly not significantly different enough for the company to give in and give me a refund.
Ann.

arcon5

wehalf wrote: »

Thanks for that.
There was a drop-down menu and I clicked the appropriate size.
What I received looks different enough for me not to want to be seen in it but possibly not significantly different enough for the company to give in and give me a refund.
Ann.

I you feel the case for 'not as described' isn't strong enough you can cancel the contract upto 7 working days after receiving the goods under Distance Selling Regulations -- however, you may be liable for return postage costs.

The exception would be if the goods are personalised, however that doesn't appear to be the case here. Remember, made-to-order and personalised is completely different, so bare that in mind if they try to tell you they are excempt.
Their terms also cannot override your statutory rights so any terms saying returns are not accepted is irrelevant and unenforcable.

(note though, this is based on what you've said. I'm assuming no other options was available during purchase which could deem them to be personalised??)

wehalf

There were no other options to choose, just the size. Nothing else about the coat was personalised for me.

That sounds quite promising. Thanks again,
Ann.

unholyangel

wehalf wrote: »

There were no other options to choose, just the size. Nothing else about the coat was personalised for me.

That sounds quite promising. Thanks again,
Ann.

Choosing from a list of preset options is not deemed to be custom made.

For what its worth, I've returned something previously as the colour was shown as a light pink but when i received it was more pinky/purple. You could try informing them (in writing) within 7 working days that you wish to cancel as the item is not as described and see what they say.

Also, check their terms and conditions about who is responsible for return postage. If they have not informed you in a durable medium that you are responsible for return postage and costs then you can return under DSR's and technically all you have to do is make the goods available for collection.