No returns for online clothing??

drewman

Hi

I've recently bought some workwear, 2 jackets (couldnt decide which one) and a pair of boots.

They arrived fine but the jackets were too big for me and I didn't like the boots as I need some waterproof ones.

When I contacted the company I ordered from, I asked to swap one of the jackets for a different size and to return the boots. My dad is going to keep the other jacket!

They emailed back with the following response:
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]"Thank you for your email but unfortunately we do not accept Returns.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]We would respectfully draw your attention to our[/FONT][FONT=Calibri,sans-serif] returns policy for online orders, which are specific in that we do not accept returns (unless faulty). By placing an order on the Hall-Fast site you are agreeing to our terms and conditions."

[/FONT][/FONT]
It does say in their policy the following:
"11. Cancellation / Returns
11.1 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the goods are delivered to you. If you choose to cancel then you must return the goods to us at your cost and risk and we advise you to ensure the goods are adequately insured during the return journey. If you have not returned the goods within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the goods from you at your cost. For all trade returns (i.e you are not a consumer as above), where a return is agreed items may be subject to a restocking fee . Where the original purchase had the delivery charge waived (Free Delivery) , you may be charged the original delivery charge waived. Unfortunately we are unable to accept any returns on personalised, manufactured to order and the following branded clothing and footwear items- Dickies, Snickers, Dewalt, Apache.
Please Note: Hall-Fast.com supplies to trade customers only."

What I would like to know is that can they do this? I always thought that there was a 7 day grace on internet purchase and considering I only want an exchange I thought that would be ok!

I've highlighted the fact that the workwear is of Dickies brand. I did only skim through this before purchase but missed that bit.

Thanks for your time

unholyangel

And are you a consumer or did you order in the course of a business (ie as a trader/business)?

drewman

I will be wearing the clothes myself so I am the consumer

unholyangel

drewman wrote: »

I will be wearing the clothes myself so I am the consumer

But did you purchase them during the course of business? For example, are you a sole trader who has purchased his own work gear from this place?

drewman

I'm not a sole trader, I work as an electrician for a company of 2 employees.

wealdroam

drewman wrote: »

I'm not a sole trader, I work as an electrician for a company of 2 employees.

If this is a business purchase then you are not entitled to return unwanted goods.

The other bit you appear to have missed is...

Please Note: Hall-Fast.com supplies to trade customers only.

drewman

I'm in the trade so assumed that's fine. Surely they'd run some sort of check, after all - they've supplied to me!

DCFC79

drewman wrote: »

I'm in the trade so assumed that's fine. Surely they'd run some sort of check, after all - they've supplied to me!

Should have checked, buying as a business compared to a customer gets you less rights.

drewman

Ok. I just wanted to check where I stood before going back to them annoyed!

You live and learn...

wealdroam

drewman wrote: »

Surely they'd run some sort of check, after all - they've supplied to me!

They are expecting you to read the T&Cs.

Maybe they feel they have done enough by asking you click the 'Place Order' button when they say "by placing an order with us you agree to our Terms and Conditions".

ValHaller

My take on this is that OP is indeed a consumer. He is buying workwear for his own personal use as an employee.

As such, exclusions of branded goods such as Dickies from DSRs is wrong. And the supplier's statement that they only supply to trade customers is in error because they did in fact supply OP who is plainly a consumer. If they did not want DSR's to apply, they should have refused to supply.