Company will not exchange product, wrong size ordered

lancashiregirl

Hi, I ordered some boxer shorts from the Voi Jeans website for my daughter (for her boyfriends birthday) she asked me to order size S, but then he told her her was size M.

On their returns policy it states that items marked with a (!) cannot be returned for hygiene reasons unless faulty OR in their originial packaging.

I sent them back in the box, unopened and sealed however they returned them to me saying they will not exchange as they are not in the clear plastic bag the box came in. - although I don't remember a clear plastic bag!
To me, this means they can interpret the 'originial packaging' in any such way they see fit, to me it meant in the box (which was still sealed with the clear plastic seal when I sent it - this appears to have been removed)

Does anyone know if there is anything I can do about it or not?

ursh x

bod1467

I'm sure someone will link to the relevant part of the DSRs, but certain items are exempt from the no-quibble refund requirements. However I'm not sure boxer shorts fall into this category - despite what the seller's T&Cs might say. See if you can find the details.

Assuming I'm right, you can return the goods under DSR (provided you've notified them within 7* days of receipt; Day 1 is the day after receipt; of your intent to return). You may be obliged to pay the return costs (assuming their T&Cs mention this) and they must refund you all monies paid, including the original delivery charge.

* They must inform you of your rights under DSR via a durable means. This means email or physical paperwork. T&Cs on their website do not count as durable means. If they have NOT provided such information then you have 3 months and 7 days.

Note: If they have not mentioned in their notification that the buyer is liable for returns costs then the seller is also liable for these.

lancashiregirl

Thank you, I found this on DSR's

Exceptions to the right to cancel

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

• for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
• for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
• for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
• for the supply of audio or video recordings or computer software which were unsealed by the consumer;
• for the supply of newspapers, periodicals or magazines; or
• for gaming, betting or lottery services.

I guess they would cite the reason I've bolded. But is there a definitive list do you think?

wealdroam

lancashiregirl wrote: »

Thank you, I found this on DSR's...
for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);

I guess they would cite the reason I've bolded. But is there a definitive list do you think?

No. Personalised goods is nothing to do with boxer shorts.
Unless of course you had them made to your specification... e.g. of a material that they do not normally use.

lancashiregirl

I have found a list on direct.gov and underwear is not mentioned but I'm still a little confused, perhaps you can clarify Bod, as you seem very knowledgeable.

It is more than 7 days since the receipt of the items originally, they were returned with in 7 days for an exchange and re-delivered to me again today saying they would not exhange them. I have no email or paperwork from them telling me my rights under DSR, does this mean I can now return them again and claim a refund under DSR? Many thanks if you can help again.

tomwakefield

Hygiene is not a legitimate reason to refuse to accept a return, as the right to return is not linked to the resellers ability to sell as new. Therefore you are entitled to a refund.

As far as duration goes, the DSR regulation 11 states:

(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

while regulation 8.2 states:

(2) The information required to be provided by paragraph (1) is—

(a)the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a);

(b)information about the conditions and procedures for exercising the right to cancel under regulation 10, including—

(i)where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and

(ii)information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

(c)the geographical address of the place of business of the supplier to which the consumer may address any complaints;

(d)information about any after-sales services and guarantees; and

(e)the conditions for exercising any contractual right to cancel the contract, where the contract is of an unspecified duration or a duration exceeding one year.

http://www.legislation.gov.uk/uksi/2000/2334/made

What this all means is that you have 7 working days from the date of receiving the goods and certain information to inform them of your intent to return under DSR, to a maximum of three months and seven days. Since they have not yet done this, you are still within your rights to return the goods and get a full refund*. They must then claim against you if they feel you have failed in your duty of care*.

* For these parts, that is the strict legal position. However, you may find it tricky to enforce and you may need to resort to a legal claim against them.

bris

This is the part I believe that retailers take advantage of when it comes to DSR. Because it is not definative, it could be a wide range of products. Case law would be needed to prove otherwise.

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.

bod1467

Except the OP says the package was returned to the seller unopened, hence unworn. (Unless I've read the OP wrong). Hence that exclusion does not apply (and is why I think the seller is on shaky ground).

NiallB

No bloke is ever going to admit to wearing small size underwear.

<--- Extra Large

ThumbRemote

To summarise to the OP: there is NO exclusion in the Distance Selling Regulations for boxer shorts. The retailer must provide a full refund, including any delivery charges to you.

Inform them of this, state they need to arrange collection for the misdelivery of the goods back to you, and state you will take small claims court action if they do not comply with the law.