European Sizes?

ThumbRemote

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.

Clause 47.6b states that I am the Sultan of Brunei. It doesn't actually make it the case.

You are quoting their own terms and conditions, and then suggesting that these are the law. They are not. There is no hygiene exception under the DSRs, and their own terms and conditions cannot override this.

George_Michael

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.

To be totally honest, you couldn't have managed to get more incorrect information in a single post if you tried.

1/ In order to get a refund under the DSR's, there is no requirement for the goods to be returned in perfect condition.

2/ There is no legal obligation to return the goods unused.

3/ There is no legal obligation for the original packing to be returned.

4/ There is no hygiene exception stated in the regulations.

By trying to impose terms that are reducing or removing a consumers statutory rights, the retailer is committing a criminal offence

Georgiegirl256

So why do all these retailers say these things in their terms and conditions then? Ok, I was maybe wrong mentioning hygiene reasons, but all the websites I've seen in the past regarding bedding have mentioned that once a packaging has been opened and used it can't be returned, why would they say this if that was not the case? It's pointless.

I've read in the past about DSR stating about your contract with the retailer, and if a retailer mentions in your contract that certain items can't be returned, how can this suddenly be the case? If they are committing a criminal offence, how can they state the following on their website http://www.dunelm-mill.com/info/dunelm_os_returns#exclusions I know this isn't the OP's website, but am using this as an example of what I am meaning.

Regardless OP, good luck in getting your item returned.

ThumbRemote

Georgiegirl256 wrote: »

So why do all these retailers say these things in their terms and conditions then?

Because:
a) They don't understand the law
b) Their terms and conditions are out of date
c) They don't like the law, and want to increase their profits by deliberately making it hard for consumers.

Unfortunately I suspect in many cases it's answer c. Why bother giving a customer what they are entitled to when you can just choose not to. 90% or more of the customers will give up, the ones that do push it far enough eventually you can give in to. After all, it costs nothing to do nothing. What have they got to lose?

elsien

Georgiegirl256 wrote: »

Ok, I was maybe wrong mentioning hygiene reasons, but all the websites I've seen in the past regarding bedding have mentioned that once a packaging has been opened and used it can't be returned, why would they say this if that was not the case? It's pointless.

Regardless of the legalities I've always read that sort of thing as meaning used as in slept in/washed.
If you can open the packing, take the bedding out, try it for size/colour, realise it's wrong, refold it and put in back in the original packaging, then that's a bit different to sleeping in it then changing your mind. I've not had a problem with returning things in that situation.

George_Michael

Georgiegirl256 wrote: »

So why do all these retailers say these things in their terms and conditions then?
Either because they don't know the law or they do know it and hope that their customers don't.
Ok, I was maybe wrong mentioning hygiene reasons, but all the websites I've seen in the past regarding bedding have mentioned that once a packaging has been opened and used it can't be returned, why would they say this if that was not the case?
Why would they say it? Again, probably for the reasons stated above.
It's pointless.
As far as some retailers are concerned, it's not pointless if it saves them money due to them not having to comply with consumer legislation.
I've read in the past about DSR stating about your contract with the retailer, and if a retailer mentions in your contract that certain items can't be returned, how can this suddenly be the case?
Because a retailer can't have terms and conditions that deprive or attempt to deprive people of their statutory rights. Just because they state something doesn't mean that it is legally correct or enforceable.
Regardless OP, good luck in getting your item returned.

This OFT guide gives a full, easy to understand explanation of the regulations from a retailers perspective.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

aqua111

They have accepted the return but I am objecting to the £10 they are charging for collection.

wealdroam

aqua111 wrote: »

They have accepted the return but I am objecting to the £10 they are charging for collection.

When you made the purchase, did they send you any documentation stating that if you returned the goods then you would be responsible for the cost of that return?
Maybe an email invoice or a delivery note or packing slip shipped with the goods?

I ask because if they did not supply that information in a durable medium, i.e. by email or on paper, then they cannot charge for the cost of the return.

Mentioning it on a webpage, e.g. in their T&Cs, is not considered a 'durable medium'.

Here is another extract from page 27 that OFT document:

Return of goods following cancellation (Regulation 17)

Who pays for returning the goods if the consumer cancels an order?

3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods –see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

aqua111

Only correspodence received;
Emaiil to confirm order.
Email to confirm despatch.
No Paperwork at all in package.

bod1467

So was there anything in either email in respect of returns costs/charges?

Check carefully - a link to their website T&Cs within an email does not count ... the wording needs to be IN the email.