Can you refund swimwear?

helloblueskies

I bought a bikini off brandalley (NEVER, EVER, EVER USE THEM, THEY ARE TOTALLY INCOMPETENT). It was inside plastic packaging which I have not opened.
The bikini is a completely different colour from the picture and looks cheap. They say I can't return the item. Can I? It seems unfair that items can be missold in this way. If it is possible, could you please tell me which act it is under? Also, if you knew a quote which would help, please let me know! x

helloblueskies

ps thanks in advance, x

arcon5

Sales of Goods Act 1979, section 13

13 Sale by description.

(1)Where there is a contract for the sale of goods by description, there is an implied [F9term] that the goods will correspond with the description.

It's also worth checking your monitor settings to ensure it is infact the description that's wrong and not this.

ThumbRemote

You can return under the Sale of Goods Act, if the item is different to how it was described. In this case the retailer has to refund you all money paid, including return postage costs, but you may need to argue with the retailer that it is indeed defferent to the description/picture.

You can also return under the Distance Selling Regulations. In this case you must notify the retailer by email/letter within 7 working days of receiving the items, and you will receive a full refund of the cost plus the postage to send it to you, but you'll have to pay return postage costs.

halibut2209

They may try and fob you off with returning under DSRs stating that what is basically underwear is exempt (which it may well be), but you can argue that it is opened.

But the SOGA route is the best one.

But I would check the "attitude" at the door. You won't get anywhere with an aggressive approach which is what you currently have.

anatomical

I know instore we are only allowed to return bikinis if they still have the hygiene strip on the bottoms, that is the only legal aspect I am aware of. The fact that these are still sealed in the plastic wrapping means they are resalable and will still have any hygiene protection in place, so I'm not sure why they won't return them for you.

After a quick google search I've found a number of other online shops willing to return bikinis. I believe under the DSRs companies must refund any product, as long as it is still packaged and in this case with the hygiene strip still intact. I would definitely pursue this further.

helloblueskies

To be honest, I'd doubt that if there's uncertain I stand I chance, they overcharged me, weren't apologetic and made a hassle over sending out the right items when theyd sent me the wrong ones! x


Thanks for replies anyway everyone

ThumbRemote

anatomical wrote: »

I know instore we are only allowed to return bikinis if they still have the hygiene strip on the bottoms, that is the only legal aspect I am aware of. The fact that these are still sealed in the plastic wrapping means they are resalable and will still have any hygiene protection in place, so I'm not sure why they won't return them for you.

It is not a "legal aspect". There is no law specifically relating to returning goods and hygiene reasons. It is the policy of the store you work in. (I guess the store you work in is offering customers a refund if they change their mind - this is more than they are required to do by law so in this case the store can add their own requirements).

fluffnutter

Contrary to popular belief, underwear and swimwear are not exempt from the DSR. Nothing is for 'hygiene' rules. A customer can be expected to take reasonable care of the goods, but even if they don't, this doesn't remove the obligation to refund. If a company felt that goods had not been properly taken care of before return, they'd have to pursue a breach of statutory duty against the consumer. This is entirely separate to their obligation to refund.