Exchange Refused - Help?

Matt_1985

Hello, I wonder if I can ask for some advice, or basically whether I have a leg to stand on...

I recently purchased a pair of MTB shorts from an online retailer. Unfortunately, they were too small so I requested an exchange for the next size up. Today, I received the following:

...however upon inspection this shows it is covered in what seems like pet hair. Due to this we cannot accept this for return as we’re unable to put this back into stock in this condition and we will need to return it to you. We know this is not ideal but our terms state: 'Returned goods should be unused, in a saleable condition and in their original packaging with all labels still attached.’

First of all, yes, I have a dog. However, all I did was take the shorts out of the packaging, try them on, then put them back in the packaging to send back. At no stage did they come into contact with my dog nor any piece of furniture where they could become 'covered' in pet hair.

Can I ask them to prove it? What are my rights, if any? Surely they could claim this with all of their returns?

Help appreciated,
Matt

powerful_Rogue

Matt_1985 wrote: »

Hello, I wonder if I can ask for some advice, or basically whether I have a leg to stand on...

I recently purchased a pair of MTB shorts from an online retailer. Unfortunately, they were too small so I requested an exchange for the next size up. Today, I received the following:

...however upon inspection this shows it is covered in what seems like pet hair. Due to this we cannot accept this for return as we’re unable to put this back into stock in this condition and we will need to return it to you. We know this is not ideal but our terms state: 'Returned goods should be unused, in a saleable condition and in their original packaging with all labels still attached.’

First of all, yes, I have a dog. However, all I did was take the shorts out of the packaging, try them on, then put them back in the packaging to send back. At no stage did they come into contact with my dog nor any piece of furniture where they could become 'covered' in pet hair.

Can I ask them to prove it? What are my rights, if any? Surely they could claim this with all of their returns?

Help appreciated,
Matt

Pubic hair?

societys_child

I might not want 'em after you've tried them on . . . I don't know you.

theonlywayisup

Covered in pet hair and you have a dog.

I wonder if it is like the smokers that don't smell the cigarette smoke on their sales/returns.

Livelongandprosper

Reminds me when I was selling Anne summers stuff. A client bought a dress up uniform for a hen night , was too small, so she bagged it up and gave it to me to return. Refund was refused 'because of body odour'. It was sent back to me and yes, it was stinking I copped that one

unholyangel

Where did you buy them, on what date, when did you return them what information did they provide and how (website, email etc)?

Under CCRs a retailer can reduce a refund (by the whole amount if appropriate) if your handling goes beyond what is necessary to establish the nature, characteristics & functioning of the goods - in particular, it goes beyond what is necessary if it goes beyond the handling that might reasonably be allowed in a shop. They also cannot make any deduction if they fail to provide you with the required information on your right to cancel in accordance with the regulations.

In other words, if your handling didnt go beyond what would be allowed in a shop or if they failed to provide you with info on your right to cancel, they can't reduce the refund even if the value is diminished.

I would also point out to them that pet hair does not necessarily diminish the value. It is not damaged, it can be easily removed. Even in the event it did diminish the value, its clearly not diminished by 100%.

**If you returned outwith the CCRs and under the retailers own policy then the above won't apply.

unholyangel

societys_child wrote: »

I might not want 'em after you've tried them on . . . I don't know you.

I take it you don't ever buy off the rack?

I wash everything before I wear it and try not to think about where it could have been (having heard more than a few horror stories).

Ant555

Matt_1985 wrote: »

Can I ask them to prove it? What are my rights, if any? Surely they could claim this with all of their returns?

Your post says that they are sending them back to you - when you receive the items back then you have the opportunity to see if the online retailer is correct about the dog hairs.

You will then have the opportunity to return them 'unused, in a saleable condition and in their original packaging with all labels still attached.'

The term 'covered in dog hairs' is obviously subjective but if you have a dog that sheds then I guess that it's possible it might have been the packaging that picked up the dog hairs and transferred to the shorts rather than the item itself. I'm guessing, of course, but you will be able to tell for sure once you get them back in your hands.

bris

Of course pet hair diminishes the value, for hygienic reasons for one thing. Would you buy a pair of worn shorts with a dog jumping all over them, of course not.


They are right, you didn't handle them correctly and you are due nothing back.

unholyangel

bris wrote: »

Of course pet hair diminishes the value, for hygienic reasons for one thing. Would you buy a pair of worn shorts with a dog jumping all over them, of course not.


They are right, you didn't handle them correctly and you are due nothing back.

If courts have previously ruled that stains or dirt that can be easily removed are inconsequential/don't count as damage/dont make the goods unsatisfactory, I have no idea why you'd think the same logic wouldn't carry over to consumers.

But still, as I've said.....they can only make a deduction IF they informed OP on their cancellation rights AND if OP's handling goes beyond what would be allowed in a shop. OP would have been allowed to try them on in store (therefore handling doesn't go beyond). OP may well have transferred pet hair to them by trying them on in store.

Whats more, the law only allows them to make a deduction for the value that has diminished. Even if you accept the value has diminished as a result of handling beyond what would be expected in a shop, it has not diminished by 100% as evidenced by the large & healthy second hand clothes market we have.