Any rights of return?

Hermione_Granger

SeduLOUs wrote: »

But if you already know your rights, what exactly are you asking for advice on?

I thought that was obvious. They want to know whether or not the retailer can legally refuse to accept the return because the shorts have an added pocket.

SeduLOUs

Hermione_Granger wrote: »

I thought that was obvious. They want to know whether or not the retailer can legally refuse to accept the return because the shorts have an added pocket.

But OP has stated that my advice was wrong, and that he knows that they can't refuse as it was an online purchase... Problem solved?

JReacher1

I'm not sure who ever thought a pocket on a shirt was useful! it's a complete waste of a pocket

BykerSands

Hermione_Granger wrote: »

I thought that was obvious. They want to know whether or not the retailer can legally refuse to accept the return because the shorts have an added pocket.

It's not that obvious then is it?

They have other shirts in stock.

photome

SeduLOUs wrote: »

But OP has stated that my advice was wrong, and that he knows that they can't refuse as it was an online purchase... Problem solved?

if you re read that's not what he said

GentleGiant_2

SeduLOUs wrote: »

But OP has stated that my advice was wrong, and that he knows that they can't refuse as it was an online purchase... Problem solved?

No problem & thanks for replying, but not solved 100%.

I do not think you are getting the issue here.

The shirt is normally sold as a shirt with nothing added.

options are adding initials, altering sleeve length etc.

you can also opt to have a pocket on it.

Okay.....

Now the terms say you can return anything even if worn etc., so nice and generous.

However one exclusion is if you have had a 'pocket alteration'.

Now is adding a pocket a 'pocket alteration' - I am not 100% sure, as i am not altering a pocket rather than adding one.

Also I guess they have versions with and without pockets otherwise they would have long delays in shipping and would not deliver next day.

So my question is can they refuse a return for selecting a pocket?

I think I have already been given the answer, unless you have any more thoughts?

Thanks!

GentleGiant_2

JReacher1 wrote: »

I'm not sure who ever thought a pocket on a shirt was useful! it's a complete waste of a pocket

My daughter thought it would be a good idea!

She also incorrectly selected ultra slim when I need to go on a big diet!

:rotfl:

naedanger

Post number 45 of the following thread seems to cover what constitutes personalisation (see in particular the quotation of the EU guidance). Based on my reading of that post, simply choosing to add a pocket (from an available option) does not constitute personalisation and so you should not be denied the right to a refund for that reason.

https://forums.moneysavingexpert.com/discussion/5335601

LilElvis

When did your daughter receive the shirt? Does the purchase fall within the seller's returns period, if their policy allows for a longer time than the legal 14 days from delivery?

Questions about customisation will be moot if it is too late to return.

You could tell us the name of the seller so others can look at their terms.

SeduLOUs

GentleGiant wrote: »

Also I guess they have versions with and without pockets otherwise they would have long delays in shipping and would not deliver next day.

So my question is can they refuse a return for selecting a pocket?

With you.

Personally, I would view adding a pocket as a pocket alteration (and that was sort of the basis of my posts so far). You don't mention any other options you could have chosen regarding the pockets, so it seems as it stands to me that adding a pocket is the only 'pocket alteration' available on the site, and so the retailer obviously wishes to exclude returns of these items.

Thinking more about it, I'm not really convinced that the item is 'custom' enough for the 14 day cooling off period not to apply, but clearly you are on a ticking clock if you want to assert that it does.

It's obviously quite a grey area, and I suspect they are going to stick to their guns and not make life easy for you.