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Can An Epilator be returned under LDS rules?

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124

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  • Littlewoods
    Littlewoods Posts: 160 Organisation Representative
    Hi Emceehamster,

    We have to advise we will replace or refund most items provided they are returned to us within 28 days of receipt complete, unused, in their original packaging and with any security tags intact.

    Our Approval Guarantee does not apply to some items or may apply only if certain conditions are met. We will advise you of these exceptions when placing your order. These items are clearly identified on the product page and any conditions are set out there. This does not affect your statutory rights.

    We do advise that this item is Non returnable under our Approval Guarantee, for reasons of health & hygiene.

    If you do need any further help please email us help@littlewoods.co.uk

    Many Thanks

    Nicola

    Littlewoods Company Representative
    Official Company Representative
    I am the official company representative of Littlewoods MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Hi Emceehamster,

    We have to advise we will replace or refund most items provided they are returned to us within 28 days of receipt complete, unused, in their original packaging and with any security tags intact.

    Our Approval Guarantee does not apply to some items or may apply only if certain conditions are met. We will advise you of these exceptions when placing your order. These items are clearly identified on the product page and any conditions are set out there. This does not affect your statutory rights.

    We do advise that this item is Non returnable under our Approval Guarantee, for reasons of health & hygiene.

    If you do need any further help please email us [EMAIL="help@littlewoods.co.uk"]help@littlewoods.co.uk[/EMAIL]

    Many Thanks

    Nicola

    Littlewoods Company Representative


    The OP isn't asking about your terms, they are asking about cancelling under the DRS regs, your terms are irrelevant in this respect.

    As a few have correctly stated, the DSR regs do not give you the same right to inspect as you would in a shop nor allow an exception for hygiene reasons, simply to cancel with a few specific exemptions none of which apply to the OP.

    If notifying Littlewoods of an intention to cancel via durable means under the DSR regs they must refund within 30 days of that request.

    If Littlewoods care to take a customer to court for failure to take duty of care that is up to them but, despite them saying "We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining them in a shop before purchase." I think they'd struggle with an item simply being used, anyway if the item is returned in as new condition how will they know it was used anyway?

    Being a long established catalogue company I'm sure Littlewoods already factor a far chuck of the money into their prices to cover returns they can't resell.
    In the game of chess you can never let your adversary see your pieces
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    .......Cannot be used (was used once)......./QUOTE]

    So it can be used!

    .
    Don`t steal - the Government doesn`t like the competition


  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    If you think Littlewoods would do anything other than throw it in the bin when received back under DSR, you are crazy.

    However this has no bearing on the law, and prices are usually factored to count such product wastage.

    You should be able to return under DSR, if you cancelled by durable means within 7 days of receipt. If you have evidence of this, get in touch with their customer service, or send a strongly worded letter and you should receive your refund.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Littlewoods reply was actually very clever. The representative clearly avoided commenting on ops statutory rights and merely clarified their own 28 day product guarantee, covering herself by stating ops statutory rights are not affected.

    Rightfully or wrongfully op can return it. Although morally, she shouldn't and perhaps even legally they'd have a claim against her - but lets face it, a company like Littlewoods wouldn't waste their time pursuing it - and in fact probably wouldn't even defend a claim in the first place.

    Op returning it though it a an absolute joke!
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    SuperHan wrote: »
    If you think Littlewoods would do anything other than throw it in the bin when received back under DSR, you are crazy.

    However this has no bearing on the law, and prices are usually factored to count such product wastage.

    You should be able to return under DSR, if you cancelled by durable means within 7 days of receipt. If you have evidence of this, get in touch with their customer service, or send a strongly worded letter and you should receive your refund.

    That is 7 WORKING days, beginning with the day AFTER receipt.

    .
    Don`t steal - the Government doesn`t like the competition


  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    arcon5 wrote: »
    Littlewoods reply was actually very clever. The representative clearly avoided commenting on ops statutory rights and merely clarified their own 28 day product guarantee, covering herself by stating ops statutory rights are not affected.

    Thats one of the funniest phrases from a consumer perspective. Given that its legal jargon (not allowed and nor can such a statement make any term trying to deprive/restrict rights fair or enforceable) and only ever seems to follow after a company tries to deprive/restrict your statutory rights.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • zenmaster
    zenmaster Posts: 3,151 Forumite
    Send the baby back. It's obviously faulty.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    zenmaster wrote: »
    Send the baby back. It's obviously faulty.

    Repair, replacement or refund? :eek:
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • tomwakefield
    tomwakefield Posts: 8,036 Forumite
    Hi Emceehamster,

    We have to advise we will replace or refund most items provided they are returned to us within 28 days of receipt complete, unused, in their original packaging and with any security tags intact.

    Our Approval Guarantee does not apply to some items or may apply only if certain conditions are met. We will advise you of these exceptions when placing your order. These items are clearly identified on the product page and any conditions are set out there. This does not affect your statutory rights.

    We do advise that this item is Non returnable under our Approval Guarantee, for reasons of health & hygiene.

    If you do need any further help please email us help@littlewoods.co.uk

    Many Thanks

    Nicola

    Littlewoods Company Representative
    Are you aware that your terms may be unenforceable? For instance, you have made no mention of the statutory right to cancel within seven working days. You cannot impose additional restrictions (such as insisting security tags are intact, or a timeframe in which to return it).

    Whatever restrictions your Approval Guarantee may have, the DSR will always trump company policy.
    Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag
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