Online Bikini Refund

Ara1985

Hi All

I purchased a bikini online last week, as soon as I opened upon delivery I could tell it was too big for me so it went back into the bag without trying. Hygiene sticker and tags still attached and hoping I could return it.

After checking their returns policy I discover the following statement

"While we hope that you will love your merchandise if for any reason you are unsatisfied with your purchase of full priced merchandise, we will gladly exchange or provide a credit note for your unworn/unwashed swimwear within 15 days of the delivery date.

Sale items are ALL FINAL SALE and are not eligible for return or exchange.

Due to the Brazilian cut nature of swimwear, we do not offer refunds."

I take full responsibility for not checking policy before ordering but I have always assumed full priced online goods-particularly clothing were eligible for refund.

The bikini in question is the Brazilian cut mentioned within the policy but as mentioned the hygiene sticker is still in tact and item has not even been tried on.

Where do I stand on this? Am I really not entitled for a full cash refund?

CM66

If it was brought online then distance selling regulations should overrule whatever T's & C's the company makes up

neilmcl

Ordinarily you wouldn't be able to return items such as underwear, bikinis, etc if they've been tried on due to hygiene reasons. However, you state you've not tried them on and a hygiene sticker is in place. Have you tried contacting the company in question and raising your concerns directly?

Anniedoog

I too am in the same position having bought a bikini and a swimsuit online last week which need to be returned as they don't fit. A number of other online companies used in the past for such purchases have had no problem refunding on swimwear if the hygiene strip is still in place, so was surprised to find this company is trying to exclude this type of clothing, particularly as I hadn't read their refund policy properly before ordering! Does anyone know if the distance selling rules do apply and overwrite a company's stated refund policy, such as this?

wealdroam

Anniedoog wrote: »

I too am in the same position having bought a bikini and a swimsuit online last week which need to be returned as they don't fit. A number of other online companies used in the past for such purchases have had no problem refunding on swimwear if the hygiene strip is still in place, so was surprised to find this company is trying to exclude this type of clothing, particularly as I hadn't read their refund policy properly before ordering! Does anyone know if the distance selling rules do apply and overwrite a company's stated refund policy, such as this?

The seller's T&Cs cannot overrule or remove your statutory rights.

Regulation 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 lists all those situations where cancellation can be refused.
It includes:

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

So if the seals are intact, the seller has no grounds to refuse a cancellation.

Who is the seller?

angryparcel

CM66 wrote: »

If it was brought online then distance selling regulations should overrule whatever T's & C's the company makes up

Sorry distance selling regulations does not overrule as no such thing as distance selling regulations anymore

JJG

wealdroam wrote: »

So if the seals are intact, the seller has no grounds to refuse a cancellation.

Who is the seller?

I imagine a hygiene sticker doesn't count as a "seal".

AleksandraK

I had purchased swimwear from Next in the past, online for home delivery, and was able to return with no problems at all.