Exchanging goods as part of a package deal

sphrp2

I've booked a package to go to the Lions rugby tour to New Zealand. It includes flights, game tickets and a merchandise pack including a jersey. When I booked the tour online, back in August, I had to specify the size of jersey I wanted and the company said that no exchanges would be made if it didn't fit. I chose the size based on the sizing information they provided and when it arrived recently, it was way too small (it's come up really small). Apart from the jersey, there was no information provided about what would be in the merchandise pack but it ncluded a rain jacket. I never specified the size for the rain jacket so they chose the size based on the size of the jersey, which seems reasonable until you realise my husband and I have both been allocated a "unisex" medium, after he requested mens medium jersey and I requested women's size 12 (he's a 12 stone man, I'm a 9 and a half stone woman). I called the company but they say I can't return either because a) they said no exchanges at the outset/ on the paperwork for the package b) the medium jacket is unisex and the manufacturer says it's the correct size for size 12 woman (it's mahoosive!)
Can I legally demand an exchange to the items?

SouthUKMan

Assuming you purchased the package online, wouldn't the Consumer Contracts Regulations Cover you here, giving you 14 days to return the jersey? The company's terms and conditions of 'no exchanges' can't overturn the law.

agrinnall

SouthUKMan wrote: »

Assuming you purchased the package online, wouldn't the Consumer Contracts Regulations Cover you here, giving you 14 days to return the jersey? The company's terms and conditions of 'no exchanges' can't overturn the law.

But do you have the right to return a part of the package, or would the entire trip have to be cancelled? If the latter that seems a bit excessive just because a jersey doesn't fit. I'd sell it on ebay and buy another one (or if there is a Lions supporters forum perhaps you could ask if anyone has one that's too big and arrange a swap).

shaun_from_Africa

SouthUKMan wrote: »

Assuming you purchased the package online, wouldn't the Consumer Contracts Regulations Cover you here, giving you 14 days to return the jersey? The company's terms and conditions of 'no exchanges' can't overturn the law.

The consumer contract regulations don't allow 14 day cancellations for services such as holidays and other leisure activities booked for a specific date.
Even though the jersey doesn't fall under this exemption, it was included as part of a holiday package that is excluded and it's highly unlikely that there was a separate purchase price for it.

SouthUKMan

shaun_from_Africa wrote: »

The consumer contract regulations don't allow 14 day cancellations for services such as holidays and other leisure activities booked for a specific date.
Even though the jersey doesn't fall under this exemption, it was included as part of a holiday package that is excluded and it's highly unlikely that there was a separate purchase price for it.

I thought that might be the case but it seems a bit tough considering that the clothing was part of the purchase. If it was classed as a 'gift' then I can understand that being different.

unholyangel

SouthUKMan wrote: »

I thought that might be the case but it seems a bit tough considering that the clothing was part of the purchase. If it was classed as a 'gift' then I can understand that being different.

Its generally whether the contract is severable or not.

For example (I believe this is an example given by BiS in their guidance to businesses for implemented CCRs) if you buy a washing machine and pay to have it installed, you won't be able to cancel the installation service once its been fully performed (assuming trader complies with providing necessary information) but you will still be able to cancel the contract for the washing machine (although may be liable for diminished value).

So if the items are priced individually or they offer other packages without the jerseys, they are likely to be severable. If they're only available in 1 package and are priced as a package then they likely arent severable.

sphrp2

Thanks all. It's a bit of a minefield. I decided just to let it go and fry bigger fish.
:mad: lionsrugby.com and mikeburton.com for their rubbish customer service and nickel-and-dime'ing