European Sizes?

adouglasmhor

aqua111 wrote: »

No luck !!
They say DSR Regulations apply only to faulty goods and their Terms and Conditions are perfectly clear.
I told them I disagreed and would never use the site again.

They are now lying or more likely so thick they are confusing it with sale of goods. DSR is for any reason.

wealdroam

aqua111 wrote: »

They say DSR Regulations apply only to faulty goods and their Terms and Conditions are perfectly clear.

They are clearly wrong.

From page 17 of The OFT's Guide to the DSRs:

Cancellation rights (Regulation 10)

What cancellation rights do consumers have?

3.23 Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way.

Their T&Cs cannot remove your statutory rights.

On page 25 of that same OFT guide you will find:

What specifically do I have to refund to the consumer if they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre-payment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

wealdroam

Assuming this is the right website, you might like to remind them of item 20.6 in their terms:

20.6 Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.

They are clearly stating that they have no intention of denying you your statutory rights.

aqua111

Read all the info given on here(Thank you so much!!!) to Amara and they are looking into it.
They will call me back.

Georgiegirl256

Duvets are excluded from the DSR due to hygiene reasons....unless they are unopened or faulty.

ThumbRemote

Georgiegirl256 wrote: »

Duvets are excluded from the DSR due to hygiene reasons....unless they are unopened or faulty.

Completely wrong. There is no hygiene exception.

aqua111

Georgiegirl256 wrote: »

Duvets are excluded from the DSR due to hygiene reasons....unless they are unopened or faulty.

This was a Duvet Cover and when opened obviously too big.
The Manager I spoke to did not know what DSR was!!!!!!!!

Georgiegirl256

ThumbRemote wrote: »

Completely wrong. There is no hygiene exception.

Clause 12.5 states that items should be returned in perfect condition, unused and in the original packaging. True that it doesn't actually state for hygiene reasons, but every other website I've known excludes duvets, duvets covers, mattress protectors, pillow cases etc for that very reason, so I can't see this one being any different.

Regardless, the item isn't unused, and so therefore can't be accepted back.

aqua111

Georgiegirl256 wrote: »

Clause 12.5 states that items should be returned in perfect condition, unused and in the original packaging. True that it doesn't actually state for hygiene reasons, but every other website I've known excludes duvets, duvets covers, mattress protectors, pillow cases etc for that very reason, so I can't see this one being any different.

Regardless, the item isn't unused, and so therefore can't be accepted back.

That is one excuse they have not given!!!
I rang as soon as it arrived.
It was unfolded then refolded and placed in original packing.

bod1467

Georgiegirl256 wrote: »

Clause 12.5 states that items should be returned in perfect condition, unused and in the original packaging.

Clause 12.5 can say whatever it likes, it is still wrong and cannot contract out your statutory rights. Duvets covers (and even duvets) are not excluded items per the Distance Selling Regulations. (It may help if you actually read them rather than extolling what you think they mean).