Distance Selling Regulations

Valli

The goods you can't return

There are some goods you can't return if you simply change your mind, including:

• CDs, DVDs or software if you've broken the seal on the wrapping
• perishable and other items that deteriorate rapidly such as food and flowers
• tailor-made or personalised goods
• underwear and earrings

THIS ^ is the quote (note this is not a comprehensive list - they use the phrase - 'there are some goods you cannot ... return, including...)


from here


I now note that the DSR act does not include earrings, underwear etc at all...though it does specify the first three phrases as detailed on the Which list!

unholyangel

Maybe which have updated their site to account for the new legislation? (I read it last week and it does indeed state that you lose your cancellation rights if the item has a hygiene seal and you unseal it) Or has their website always said that?

Tbh which used to be amazing for accurate advice. It seems in the last year they've managed to lose their accuracy. There are quite a few things on the which site that contradict law (don't ask me to name them, I just remember discussing it with someone on a thread here a few months back after we noticed a few errors on their part!).

neilmcl

Valli wrote: »

The goods you can't return

There are some goods you can't return if you simply change your mind, including:

• CDs, DVDs or software if you've broken the seal on the wrapping
• perishable and other items that deteriorate rapidly such as food and flowers
• tailor-made or personalised goods
• underwear and earrings

THIS ^ is the quote (note this is not a comprehensive list - they use the phrase - 'there are some goods you cannot ... return, including...)


from here


I now note that the DSR act does not include earrings, underwear etc at all...though it does specify the first three phrases as detailed on the Which list!

The reason underwear is included is because it falls into that category of items that possibly couldn't be returned to their original, physical state if worn, ie, because they could contain latex or nylon that could be distorted if worn.

Valli

but they are mentioned (by Which; not in the DSRs) in the same phrase as earrings - which could be worn ...

jacques_chirac

neilmcl wrote: »

The reason underwear is included is because it falls into that category of items that possibly couldn't be returned to their original, physical state if worn, ie, because they could contain latex or nylon that could be distorted if worn.

I have not seem any authority that states such an argument - it would mean any clothes would be exempt, as most lose their shape with wear.

(Are you sure you mean latex and not lycra? Latex clothing tends to have quite a niche market, and would not normally be used in the same sentence as nylon! )

neilmcl

jacques_chirac wrote: »

I have not seem any authority that states such an argument - it would mean any clothes would be exempt, as most lose their shape with wear.

Try reading the OFTs business guide to distance selling.

George_Michael

neilmcl wrote: »

The reason underwear is included is because it falls into that category of items that possibly couldn't be returned to their original, physical state if worn, ie, because they could contain latex or nylon that could be distorted if worn.

neilmcl wrote: »

Try reading the OFTs business guide to distance selling.

But the OFT guide doesn't categorically state that items such as latex underwear is excluded from the right of return.
What is does state is:

This exception may apply, for example, to items such as latex or nylon clothing which could become distorted once worn

So your comment posted at the top is not correct.
Underwear is not specifically excluded from the right of return. Some types of underwear might be.

neilmcl

George_Michael wrote: »

But the OFT guide doesn't categorically state that items such as latex underwear is excluded from the right of return.
What is does state is:



So your comment posted at the top is not correct.
Underwear is not specifically excluded from the right of return. Some types of underwear might be.

Jeez, if you want to be such a pedant then excuse me. The reason some underwear is included.....

George_Michael

What's being pedantic about wanting something to be correct?

There is a very big difference between stating that all underwear is excluded from the right of return instead of saying that some underwear might be excluded.

As this is a consumer rights forum, I would have thought that you would be grateful that the incorrect information that you posted had been corrected.

neilmcl

George_Michael wrote: »

What's being pedantic about wanting something to be correct?

There is a very big difference between stating that all underwear is excluded from the right of return instead of saying that some underwear might be excluded.

As this is a consumer rights forum, I would have thought that you would be grateful that the incorrect information that you posted had been corrected.

Then try a little harder to be correct yourself.

I never said all underwear was excluded from the DSRs. I simply pointed out a possible reason why underwear was included in that list, because if it contained a material such as latex then it possibly couldn't be returned to it's original, physical state. Not all underwear contains latex, therefore not all underwear would be excluded. I think that would have been fairly obvious to anyone reading the post.