Online retailer refusing to offer refund on January sale items.

Slowhand

frugal_mike wrote: »

There's nothing about the nature of underwear that stops them being returned. You put them in an envelope and post them.

Absolutely correct!

DaveTheMus

I remember buying underwear from primark or tk max or some other shop and the girl behind the counter has said to me that underwear cannot be returned.

edit:
how can a business sell underwear that's been returned?

Brooker_Dave

frugal_mike wrote: »

There's nothing about the nature of underwear that stops them being returned.

Other than skidmarks and batter.

It's one of the handfull of products that can't be returned under DSR.

HTH.

Slowhand

Brooker_Dave wrote: »

This bit

"goods that by reason of their nature cannot be returned"

HTH.

What exactly is it about their nature that means they cannot be returned?


I've read the words you keep quoting, indeed I quoted the words before you did. So stop repeating yourself and explain.

Slowhand

Brooker_Dave wrote: »

Other than skidmarks and batter.

It's one of the handfull of products that can't be returned under DSR.

HTH.

None of which is mentioned in the DSR.

Slowhand

Brooker_Dave wrote: »

Other than skidmarks and batter.

It's one of the handfull of products that can't be returned under DSR.

HTH.

So what's the difference between me slipping into a M&S pair in a changing room in a bricks and mortar store and deciding not to buy because they are a poor fit and doing the same at home?


HTH

wealdroam

soolin wrote: »

Marks and spencer have got away with it for years. All their final reductions marked with a blue star across the label are specifically excluded from their returns policy. The normal sale items are returnable though.

There are a few other high street shops that do the same.

Yes, yes, again I agree with what you say, and it is absolutely fine for M&S and others to exclude things from their normal returns policy.

The point is having a notice saying "sale goods cannot be returned" is considered unfair because it implies that even if faulty the goods cannot be returned.

wealdroam

Slowhand wrote: »

Your post was wrong, mine was correct, yet it was mine that wasn't helpful? oh well then I stand in the corner chastised. As FM says quote the legislation rather than a third party's interpretation. I knew what you said was wrong and posted a quick reply whilst I looked up the detail.

Whilst you looked up the detail in "a third party's interpretation".

Slowhand

wealdroam wrote: »

Whilst you looked up the detail in "a third party's interpretation".

No I looked up the detail in a website that gave the CORRECT interpretation.


E&OE? Not for the first time....winky/smiley/big grin/IDGAFF wee thingy?


Your usually good on Consumer rights..feel free to chip in with any constructive help here.

unholyangel

In OFTs guide to DSRs:

I sell items that may raise health and safety concerns if
returned unsealed. How are such products treated under
the DSRs?

3.41 The first question to consider is whether such items fall under the
exceptions listed at paragraph 3.38, for example goods that by reason
of their nature cannot be returned. The DSRs do not define this
category any further but we consider this exception to apply only
where returning the goods is a physical impossibility or where they
cannot be restored in the same physical state as they were supplied.
This exception may apply, for example, to items such as latex or
nylon clothing which could become distorted once worn.


3.42 We are conscious of concerns about reselling items which may raise
concerns about hygiene. However, the DSRs do not link cancellation
rights with a supplier’s ability to resell items as new.


3.43 With items that fall outside the exceptions, cancellation rights will
apply, but the consumer has a duty under the DSRs to take
reasonable care of the goods throughout the cancellation period.


3.44 What constitutes reasonable care depends on a number of things. It
may be reasonable for the supplier to stipulate what they consider to
be reasonable care, such as not removing hygiene seals on garments
or only trying out shoes indoors. But these stipulations cannot restrict
a consumer’s reasonable opportunity to inspect and assess the
product. Consumers have the right to cancel even if they fail to take
reasonable care of the goods; however the DSRs do give suppliers a
right of action against consumers for breach of the statutory duty to
take reasonable care.

So some underwear may be excluded (if made from nylon or latex ) but as a whole, underwear isnt excluded and retailers cannot exclude items for "hygiene reasons" as they'd like us to think.