Online retailer refusing to offer refund on January sale items.

Allan266

My wife bought some underwear from Ultimo on Boxing day, which was discounted from their usual RRP.

Upon receiving the items she has saw that they are all 'hand wash only' and doesn't want to keep them. Nothing has been tried on, all tags and packaging are as they've been received.

She went to fill out the return slip and noticed that Ultimo state: "all sale items are non-refundable"

I've done a bit of research on here, via Google and also the OFT website and it seems that the 'distance selling regulations' are on our side. If we return unsuitable items in their original condition within 7 days after receipt (they were delivered today) the seller must refund all monies minus the cost of the return.

So are Ultimo trying to dupe customers?

Any advice MSErs?

Thanks!

ThumbRemote

Allan266 wrote: »

I've done a bit of research on here, via Google and also the OFT website and it seems that the 'distance selling regulations' are on our side. If we return unsuitable items in their original condition within 7 days after receipt (they were delivered today) the seller must refund all monies minus the cost of the return.

So are Ultimo trying to dupe customers?

Any advice MSErs?

Thanks!

You are (pretty much) correct. The major difference is that you only have to notify them of your intention to cancel within 7 working days - you don't need the goods physically returned within that time.

If you don't want the items, try a return and see what they say.

Allan266

I have emailed them as per your instructions.

Hopefully this does the trick!

A.

frugal_mike

Allan266 wrote: »

She went to fill out the return slip and noticed that Ultimo state: "all sale items are non-refundable"

It isn't legal for them to say that. It wouldn't even be legal if it was in a shop and the Distance Selling Regulations don't apply. You might want to report them to Trading Standards if they do say this.

soolin

frugal_mike wrote: »

It isn't legal for them to say that. It wouldn't even be legal if it was in a shop and the Distance Selling Regulations don't apply. You might want to report them to Trading Standards if they do say this.

A retail shop does not have to offer any change of mind returns so could refuse a refund. However it is always worth checking a retailers return policy if bought in store as most places are more generous than they need to be by law.

wealdroam

soolin wrote: »

A retail shop does not have to offer any change of mind returns so could refuse a refund. However it is always worth checking a retailers return policy if bought in store as most places are more generous than they need to be by law.

What you say is right, but having a notice in a shop stating "all sale items are non-refundable" is likely to fall foul of The Consumer Protection from Unfair Trading Regulations 2008.

This is because it creates the impression that there is no possibility of returning a sale item, when of course a faulty item can be returned for a remedy.

powerful_Rogue

You cant return underwear under the Distance Selling Regulations.

Slowhand

powerful_Rogue wrote: »

You cant return underwear under the Distance Selling Regulations.

Not true !!!

powerful_Rogue

Slowhand wrote: »

Not true !!!

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

Which! - Distance Selling Regulations


Your turn.

frugal_mike

powerful_Rogue wrote: »

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

Which! - Distance Selling Regulations


Your turn.

It would be better to quote the actual legislation rather than an article written by a journalist. From the The Consumer Protection (Distance Selling) Regulations 2000 Article 13 (found here):

Exceptions to the right to cancel

13. (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;
(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;
(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(e)for the supply of newspapers, periodicals or magazines; or
(f)for gaming, betting or lottery services.

Neither underwear nor earrings are exempt from the right to cancel.

Back over to you

Slowhand

powerful_Rogue wrote: »

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

Which! - Distance Selling Regulations



Your turn.

Which is wrong, underwear isn't specifically mentioned.


From the Office of Fair Trading:-
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf


Unless you have agreed that they can, your consumers cannot
cancel if the order is for:
• services where you have had the consumer’s agreement
to start the service before the end of the usual cancellation
period and you have provided the consumer with the
required written information before you start the service,
including information that the cancellation rights will end
as soon as you start the service
• goods or services where the price depends on
fluctuations in the financial markets which cannot be
controlled by the supplier
• the supply of goods made to the consumer’s own
specification such as custom-made blinds or curtains.
This exception does not apply to upgrade options such as
choosing alloy wheels when buying a car, or a combination
of standard-off-the shelf components when ordering a PC
• goods that by reason of their nature cannot be returned
• perishable goods like fresh foods or fresh cut flowers
• audio or video recordings or computer software that the
customer has unsealed
• newspapers, periodicals or magazines, and
• gaming, betting and lottery services.

Apart from these exceptions the DSRs give consumers an
unconditional right to cancel a contract and legally oblige
you to refund all sums due in relation to the contract, this
means the full price of the goods, or deposit or prepayment
made including the cost of the delivery. This must be done
as soon as possible after the consumer cancels, and within a
maximum of 30 days. The DSRs do, however, give suppliers
a right of action against consumers for breach of the statutory
duty to take reasonable care of the goods.