Diesel dont accept returns

eodonovan

I wonder if someone could clarify my rights?

I bought 3 pairs of jeans from Diesel just before christmas with the expectation given on the website that they would be delivered after christmas. They were actually delivered the day after i ordered them (22nd Dec)

The purpose was to give them to my other half whose birthday is on the 12th jan. When we opened his presents on the 12th, all 3 did not fit him.

I only then realised that there is a 14 day returns policy as although it was on the website, it had not featured on the pages i visited when making the order.

I have emailed Diesel a few times to say that the box was only opened on the 12th jan and so we were unaware of the returns policy until it was already too late.

These jeans are not cheap - I am out of pocket by over £350, and they refuse to let me return them by post or even return them to a Diesel store.

They are as new and I would very much like a refund.

What are my rights?

Emma

DoaM

Consumer Rights Act

Post edited as what I said previously was bollox. (I've left the link to the CRA as at least that was correct).

fleshandbone

I am sorry but you are at fault here and your rights have expired

If you thought there was a possibility that they may not fit, it would have been in your best interest to check the returns/exchange policy well in advance to presenting them as gifts.

Your best bet now is to try and sell them on at a loss but at least you will get some money back.

A Hard lesson learnt I feel.

ThumbRemote

If Diesel both allow you to return an item you buy in store, and don't print the size on in-store receipts, there is a work-around. Go to a store, buy the correct size, then return wrong-sized pair a week later using the newer receipt.

neilmcl

DoaM wrote: »

Online purchase? As I recall ... You have an unconditional right to cancel within 30 days (per the Consumer Rights Act), but the seller can reduce the refund amount if the goods have lost value due to the way they've been handled.

You may also be liable for return postage costs.

Totally wrong I'm afraid. The CRA does not give an unconditional right to cancel, you're confusing this with the Consumer Contracts Regulations (CCRs). The CCR give you 14 days to cancel online purchases.

unholyangel

DoaM wrote: »

Online purchase? As I recall ... You have an unconditional right to cancel within 30 days (per the Consumer Rights Act), but the seller can reduce the refund amount if the goods have lost value due to the way they've been handled.

You may also be liable for return postage costs.

Are you still half asleep?

You've quoted CRA with a 30 day right to cancel but from what OP has said, they have no right to reject under CRA.

wealdroam

DoaM wrote: »

Online purchase? As I recall ... You have an unconditional right to cancel within 30 days (per the Consumer Rights Act), but the seller can reduce the refund amount if the goods have lost value due to the way they've been handled.

You may also be liable for return postage costs.

Sorry, but your recollection is faulty.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 allow a consumer to cancel an online order for any reason for up to 14 days from the date of delivery.

Consumer Rights Act 2015 allows a consumer up to 30 days to reject goods for a full refund if they do not conform to contract.

I suspect these goods do conform to contract, therefore the OP has just the 14 days to cancel the order.

DoaM

Well I was half right - there is a 30 days time limit, but not in the OP's favour.

I'd already posted before I then checked the CRA itself. I began to doubt myself when I started reading sections 20 and 22, but didn't come back to edit my post - I thought I'd leave it to allow others to mock me.

[Deleted User]

DoaM wrote: »

I began to doubt myself when I started reading sections 20 and 22, but didn't come back to edit my post - I thought I'd leave it to allow others to mock me.

I think you should either delete or edit your mis-information, particularly as it's the first response in the thread.

eodonovan wrote: »

I only then realised that there is a 14 day returns policy as although it was on the website, it had not featured on the pages i visited when making the order.

This is not a Diesel specific "returns policy", it's the law for online sales.

Unfortunately, you are well past the point where you could have rejected the sale as unsuitable.

ThumbRemote wrote: »

Go to a store, buy the correct size, then return wrong-sized pair a week later using the newer receipt.

Why a week later? Why even a day later? There would be no advantage in delaying.

Of course, this only works if the OP actually still wants the jeans (in the correct size) and it's technically a fraudulent return as the OP would be returning an item using a receipt for another item.


Whole idea is moot if the sizing appears on the receipt of course...

Zandoni

I'd be inclined to phone the nearest branch and ask the manager if it would be possible to exchange them for a credit note. You never know the manager may have a bit of discretion.

cookie365

ThumbRemote wrote: »

If Diesel both allow you to return an item you buy in store, and don't print the size on in-store receipts, there is a work-around. Go to a store, buy the correct size, then return wrong-sized pair a week later using the newer receipt.

Is this Money Saving Expert or Fraud Committing Expert?