SportPursuit refusing to accept Returns

Firemunchkin

I recently bought a sports bra online with SportPursuit. It's not the right size so I want to return it and get one which is the right size. But their website states they do not accept returns for this item. I thought you could return anything which was purchased online so I'm not sure where my rights on this stand - can someone help?

bod1467

Things have changed recently with the Consumer Contract Regulations replacing the Distance Selling Regulations. The CCRs allow for certain items to be excluded from the unconditional right to cancel - that doesn't mean this applies in YOUR case, but the CCRs are so new that some companies will play fast and loose with their interpretation.

A couple of questions though:

Was the bra marked with the correct size and you simply ordered the wrong size for you? (I assume you opened the package to try it on?)
Was the bra marked with an incorrect size?

The first scenario means you'll need to investigate what the CCRs actually say. The second scenario is a clear case of the Sale of Goods Act (SoGA) applying and your right to return cannot be refused outright. (They have the right to confirm the error though before offering a remedy - repair, replace or refund).

unholyangel

IMO they're using a very loose interpretation. Their site says:

20.4. In addition SportPursuit will not accept the return of the following items:
20.4.1. Items with a hygiene seal which has been removed.
20.4.2. Items which have been assembled or installed, in whole or in part.
20.4.3. Swimwear or underwear.

CCRs only state:

(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;

Nothing to play with imo. Quite clear you only lose your cancellation right if they are sealed for hygiene reasons and you (the consumer) unseal them.


The terms on their website are therefore unfair as they seek to deprive/mislead consumrs of their statutory rights and possibly amount to a criminal offence under the CPRs.

Firemunchkin

WOW!

I emailed them and said I didn't believe the sizing on the label was accurate as the fit is so dramatically different to the ones I have at home in the same size and I got an almost immediate reply with a returns code and an assurance of a refund. Result! Thanks everyone! :beer: