Victoria's Secret faulty item return troubles

daytona0

George_Michael wrote: »

If they are being returned because of a fault that was discovered soon after wearing them then it doesn't matter if they have been worn as they can legally be rejected for a full refund.(unless the retailer can prove that the buyer caused the damage through misuse).

You might be correct, I'm really not sure. I worked in a place which occasionally sold boxers/knickers (online) and all queries related to unwanted returns which WERE NEVER ACCEPTED for used underwear because of hygiene.

I have to say that I never encountered a 'faulty knickers/boxers' situation, though. I'm genuinely intrigued as to what this fault is I'd anticipate that the 'fault' would be because of the material being different to normal pairs in some way. There is also a possibility of "I ripped the knickers in bed" being inter-changeable with the word "fault", but that is just speculation.

As a practical solution but, depending on the cost of the knickers, it may be cheaper to simply lift up the bin lid and let the knickers drop gracefully into the abyss (chuck them). This is assuming that a store return is required, which seems to be the case.

lucy03

shaun_from_Africa wrote: »

The reason why VS don't have to accept a postal return is given in the quote that you gave from the Consumer rights act.

That section just states that the trader doesn't have to refund any costs incurred by the consumer when they return the items in person. I see nothing in the Consumer Rights Act 2015 which requires a consumer to actually return the items in person.

I don't see any reason why the items can't be posted back if the OP is willing to pay for that postage. The retailer could claim that they wanted the purchaser there so that they could ensure the original card was refunded but that can usually be done without the card holder being present.

The retailer might not want to offer an exchange if they don't want to be engaged with posting them, but then IMO they should offer a refund if the items were sold damaged. I took a damaged item back to Argos a couple of weeks ago on behalf of a friend and the store refunded it later in the day. This doesn't sound unreasonable to me.

The retailer might be entirely displeased about the whole arrangement but there would be nothing to stop the OP starting proceedings in the small claims court. It'd be a difficult case for the retailer to defend IMO (a defence of "we refused to accept the items back" isn't a great start), especially given the sums of money involved.

powerful_Rogue

lucy03 wrote: »

That section just states that the trader doesn't have to refund any costs incurred by the consumer when they return the items in person. I see nothing in the Consumer Rights Act 2015 which requires a consumer to actually return the items in person.

I don't see any reason why the items can't be posted back if the OP is willing to pay for that postage. The retailer could claim that they wanted the purchaser there so that they could ensure the original card was refunded but that can usually be done without the card holder being present.

The retailer might not want to offer an exchange if they don't want to be engaged with posting them, but then IMO they should offer a refund if the items were sold damaged. I took a damaged item back to Argos a couple of weeks ago on behalf of a friend and the store refunded it later in the day. This doesn't sound unreasonable to me.

The retailer might be entirely displeased about the whole arrangement but there would be nothing to stop the OP starting proceedings in the small claims court. It'd be a difficult case for the retailer to defend IMO (a defence of "we refused to accept the items back" isn't a great start), especially given the sums of money involved.

They haven't refused to accept the item back, they just want the OP to return them to a shop rather then post. Im presuming its down to the retailer not having the procedures in place to deal with postal returns for shop purchased items, plus they would want to see proof of purchase.

The easiest option would be to purchase the same item from their online store and then once delivered return the faulty item for a refund.