Distance Selling Exclusions

glitter123

I know that certain items cannot be returned under the distance selling regulations but i'm not sure about this.

I ordered a couple of novelty wigs from a fancy dress co. When they arrived they were horrible - not what I was expecting at all. However, the website says wigs are only accepted if they are returned "unopened and unused".

Obviously they are unused but I have opened then to examine them (as i'm allowed under DSR).

What do you think? Am I wasting my time? I've checked a few other sites and they all seem to say something similar.

somethingcorporate

Bit of a grey area and the wording in the OFTs guide is just as woolly. The terms that would probably cover this is:

- "goods that by reason of their nature cannot be returned"
(para 3.38 in OFTs guide to DSRs here: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf).

You may need to go to court to contest it but whether a judge would agree it should be exempt or covered is anyone's guess.

meer53

Wouldn't have thought you could return for hygiene reasons ?

glitter123

This is where it becomes a minefield - there are plenty of places where you can return lingerie which to my mind is far more of a hygiene issue!

ThumbRemote

The DSR explanation specifically states that hygiene is not a reason to refuse a refund under the DSRs:

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.

However, there seems to be no explanation of what actually is considered something that by nature cannot be returned.

My advice would be to keep pushing for a return under the DSRs, but you've no guarantee of success. My guess would be the retailer will eventually give in and accept the return, but it may need you to threaten small claims court.

DD265

Can you reseal them? When you say opened, how opened do they look?

I work for a mail order company and you wouldn't believe the state that we get some packaging back in, but as long as the item itself is clearly still brand new we just repackage as best we can.

I bet that if you rang them to explain the situation and that you hadn't tried them on etc there wouldn't be a problem.

mo786uk

With regards to hygenie the shop can insist that you take reasonable care of goods - for example, if you buy earrings there is no need to put them ona nd as long as they are packaged in a way that you can get a good look that shoudl be enough

Things that cannot be returned by their nature will be thigns that have a very short life span - maybe things like food. Or maybe things that are no re-usable after 1 single use.

somethingcorporate

mo786uk wrote: »

Things that cannot be returned by their nature will be thigns that have a very short life span - maybe things like food. Or maybe things that are no re-usable after 1 single use.

It will certainly include that but there is no clear definition as to what the wording specifically covers.

A company could try and construe the woolly language to suit their own purposes.

Judith_W

I don't think you should have a problem returning, you have done what required to inspect the goods and as posted before, just because they have a hygiene issue does not stop you returning for a refund. The goods are presumably not as described too?