Returning/ Exchanging an item bought online which is too big

fulhamnonny

Hi,

I bought an item online which was too big and as it was a wetsuit and I didn't know it was too big until I had tried it out in the water.

I have worn it twice. I am within the 30 days return period in which I asked for an exchange.

I bought the suit when it was slightly discounted based on an email where they said it was on sale for 5 days, but it has been reduced further since.

The trading company are refusing to exchange it as they say it's a clearance item. This wasn't indicated on the product page then or now.. On the main web page right at the bottom it says clearance and sends you to the items, but to me that's not obvious enough.

Can someone please advise me what my rights are as I'm worried I've got a wetsuit I can't wear and I can't afford to buy another one brand new.

wealdroam

fulhamnonny wrote: »

Hi,

I bought an item online which was too big and as it was a wetsuit and I didn't know it was too big until I had tried it out in the water.

I have worn it twice. I am within the 30 days return period in which I asked for an exchange.

I bought the suit when it was slightly discounted based on an email where they said it was on sale for 5 days, but it has been reduced further since.

The trading company are refusing to exchange it as they say it's a clearance item. This wasn't indicated on the product page then or now.. On the main web page right at the bottom it says clearance and sends you to the items, but to me that's not obvious enough.

Can someone please advise me what my rights are as I'm worried I've got a wetsuit I can't wear and I can't afford to buy another one brand new.

Who did you buy from? Is it a UK company?
When exactly did you buy it, and when was it delivered?
How did you pay? By card? Debit or credit card?
What was the purchase price?

marliepanda

wealdroam wrote: »

Who did you buy from? Is it a UK company?
When exactly did you buy it, and when was it delivered?
How did you pay? By card? Debit or credit card?
What was the purchase price?

Is that relevant with them trying it out in water? Surely that counts as acceptance?

fulhamnonny

Yes it's a UK company
Paid by credit card.
Purchase price was over £100.
Was bought in the evening of the 4th August. Received on the 7th August.

As mentioned before I bought this online and only had thier size guide to go on.

As it's a wetsuit - trying it out in water makes a big difference to how the fits. It should not allow in large quantities of water.

unholyangel

marliepanda wrote: »

Is that relevant with them trying it out in water? Surely that counts as acceptance?

CCRs - you have the right to return even if you handle it more than reasonably expected just (providing they informed you of this prior to the contract conclusion) they can make a deduction if your handling goes beyond what is reasonable and the goods are diminished in value as a result.

If the company are saying no refund on clearance items, i'm doubtful that they would have complied with providing that information but you never know I suppose.

ETA: OP - did they inform you of your right to cancel under the consumer contract (information, cancellation and additional charges) regulations? ie that you have 14 days to notify them you intend to cancel, then 14 days from notifying them to send the goods back?

fulhamnonny

Hi,

They say they offer a refund or exchange within 30 days and also mention to try it on when you get it in the dry which I did - but I don't know how exactly wetsuits (I've never had one before) are meant to fit and it's only from speaking to an instructor when I was swimming who saw how it fitted who told me it was too big.

There is no mention of you have 14 days to cancel and another 14 days to return it.

burlington6

marliepanda wrote: »

Is that relevant with them trying it out in water? Surely that counts as acceptance?

And not only did the OP notice it wasn't the right size the first time they used it, they thought they'd try it again the next time :rotfl:

tomtontom

Have you looked into the value of used wetsuits? That's all you are entitled to back. The time to ask for fitting advice was before you went in the water, not two trips later!