Returning Earrings - DSR Rights?

GeorgeTheBest

Hi folks,

I purchased earrings online as gift but now I wish to return them.

They arrived in resealable bags, although they haven't been opened. When I checked their website return it stated: "You may return any items that you are unhappy with (excluding earrings)."

I can understand if I broke a hygiene seal but as they came in resealable bags I'm under the impression that I still have the right to return them under the Distance Selling Regulations.

Can anyone tell me if this is correct?

Thank you.

bris

Yes that is correct, but getting them to agree is a different matter.

Did you use them, if so the new rules mean that if they can't sell them again for hygiene reasons then they can deduct up to the full cost of the refund.

Actually just found this on which for the new regulations didn't know these were now excluded.
The goods you can't return


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

frugal_mike

The regulations do not include the words 'underwear' or 'earring', nor can I find any mention of any exceptions that would imply those items are excluded in all cases. Obviously there are caveats around handling by the consumer that is beyond what would reasonably be allowed in a shop, but that doesn't appear to have happened here.

The main exceptions appear to be in sections 27 and 28. I'd be interested to know if I missed something though.

bris

Just going by what I found on which consumer rights, not read the new regs in detail yet.
http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

Spank

Trouble with earrings is the possibility of infection contamination. If they were in a non resalable bag they might of taken them back (though doubtful)

unholyangel

New regs (applicable on purchases made after 13th june) state the following:

(3) The rights conferred by this Part cease to be available in the following circumstances—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

So the retailer and which are wrong to suggest earrings are excluded....they are only excluded if they are unsealed after delivery.

GeorgeTheBest

First off thanks for the replys.

I understand the infection point. Although I would argue that it's their responsibility to put them in hygiene bags as I still have a right to view the product. On the trading standards website it states:

"You may give clear instructions to customers requiring them to exercise reasonable care, if they still allow inspection. For example, in the case of goods such as earrings that have hygiene seals, you may state that the seals should not be removed when examining them. If selling such items, you should factor this into packaging, instructions and price. Failure by the customer to follow the instructions will not prevent them returning the goods, but will give you a claim for breach of duty."

My understanding of this is they could have an argument if I'd broken a seal but as there was no seal to break it's like any other product considing DRS.

I seen the which consumer rights regarding earrings but that's the only place I could find it.

neilmcl

This is the relevant part of the new legislation:

(a) in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

Because the earrings came in a resealable bag it could be argued that the could have become unsealed after delivery and hence would be excluded. In my opinion it could be argued either way.

GeorgeTheBest

But there's the argument for them never to have been sealed because of the packaging.

Can somebody direct me to te latest legislation please?

frugal_mike

GeorgeTheBest wrote: »

But there's the argument for them never to have been sealed because of the packaging.

Can somebody direct me to te latest legislation please?

The latest legislation is at:

legislation.gov.uk/uksi/2013/3134/made

neilmcl

If you took this to court it'll come down to the judges's interpretation of what constitutes "sealed goods", eg, does it mean a permanent seal that when broken can't be resealed, or in this case a resealable bag that arrived sealed and could be resealed after delivery.

Personally I'd think they may side with the OP, but unless the earrings were expensive are you willing to go down the legal route and test the new legislations?