Is this legal??????

ytfcmad

Ordered an item of clothing (coat) online, noticed after payment it said this item can not be returned for refund (in sale).

Is this legal under the distance selling act?

Can i return to the high street shop?

Thanks in advance.

frugal_mike

Items cannot be excluded from the Distance Selling Regulation cancellation rights simply because they are in a sale.

What website was this on?

unholyangel

Contact your local TS as well. Disclaimers/signs saying things along the lines of "no refund on sale items/no return of sale items/no refund unless goods are faulty" are all illegal as they are misleading (about consumers rights).

ytfcmad

frugal_mike wrote: »

Items cannot be excluded from the Distance Selling Regulation cancellation rights simply because they are in a sale.

What website was this on?

The Luke clothing website.

InsideInsurance

T&Cs cannot change an individuals statutory rights but they certainly wont be the first to try and makeout that they can but it does say on the Luke website that their policy doesnt impact your statutory rights.

You could complain to Trading Standards if you want but be realistic about how interesting they will be

Anselm

Surely it comes under this on their main site?

Cancellation

If you change your mind about anything you order, you can cancel that order free of charge. You have up to 7 working days after receipt of goods to cancel your order and return the goods. Note goods must be in their original, unused and unopened packaging. You do not have to provide any reason for cancellation. Note: you will be responsible for the cost of returning goods using recorded delivery for cancelled orders. We reserve the right to make a charge for the return of the goods when necessary. In the event of cancellation we guarantee to refund your money within 30 days.

https://www.luke1977.com/terms.asp

frugal_mike

ytfcmad wrote: »

The Luke clothing website.

I assume you mean https://www.luke1977.com?

If so that site isn't even close to complying with the Distance Seeking Regulations. As unholyangel said its breaking the law (if under UK jurisdiction).

frugal_mike

Anselm wrote: »

Surely it comes under this on their main site?


https://www.luke1977.com/terms.asp

It says differently under their refunds page. From http://www.luke1977.com/refund.asp:

Faulty Item
If the item you received is faulty, please contact us quoting your order number, name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. You have 14 days from receipt of the faulty item to return it to us. If the product is listed with a ‘*’ next to the product name then you will not be able to return it to us.

Firstly that does not comply with the Sale of Goods Act. They can't limit liability to 14 days. But the bit relevant to the OP is where it says items marked with a '*' cannot be returned. They have marked all the items I saw in the sale with a '*'.

It's not legal to say that an item is not returnable, even if they say statutory rights are not affected.

halibut2209

Also, they cannot say that returns under DSR must be unopened.

unholyangel

InsideInsurance wrote: »

T&Cs cannot change an individuals statutory rights but they certainly wont be the first to try and makeout that they can but it does say on the Luke website that their policy doesnt impact your statutory rights.

You could complain to Trading Standards if you want but be realistic about how interesting they will be

Which amounts to an offence under unfair terms in consumer contracts regulations as its legal jargon Unless of course they then go on to explain in plain and intelligible language what those statutory rights are.

Anselm

frugal_mike wrote: »

It says differently under their refunds page. From http://www.luke1977.com/refund.asp:

Firstly that does not comply with the Sale of Goods Act. They can't limit liability to 14 days. But the bit relevant to the OP is where it says items marked with a '*' cannot be returned. They have marked all the items I saw in the sale with a '*'.

It's not legal to say that an item is not returnable, even if they say statutory rights are not affected.

Oh, I didn't see that refund page; I didn't realise you had to click on something else.