Distance Selling regulations - earrings

sarah69696pink

I purchased a large order from House of Fraser in the sale, including a pair of pierced earrings. Unfortunately I wish to return a number of items (including the earrings) as the descriptions were not particularly good and the items are not quite what I thought they would be.

I contacted HOF today (via online chat) to inform them I would be cancelling under DSR and will to return the items (including the earrings) they have replied saying I have no right to cancel my order as I have accepted it and they do not accept earrings to be returned, but will accept the return of the other items under their returns policy. We had a conversation about this for some time with me providing the Gov.uk link for DSR but they still maintain they do not have to stick to this and earrings cannot be return.
Anyone got any advice?

DoaM

Have you worn the earrings or are they still in their sealed package?

The DSRs no longer exist, they were replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Also relevant is The Consumer Rights Act 2015.

A seller's T&Cs cannot contract out a consumer's statutory rights.

sarah69696pink

Ah thank you - I used the gov.uk website which made me think DSR applied. The earrings did not come sealed - just in a box. They are still in the box and packaging is not damaged in any way (but box is not sealed so retailer would not be able to say I've definitely not opened it).I've not worn them at all - they look a different size than I imagined from the pics (pics online were just of earrings and not next to anything or modelled).

neilmcl

Can we assume that you purchased all the goods online? Were the earrings sealed?

Edit: Having read your reply above, as they were not sealed as such then they are covered by the Consumer Contracts Regulations 2013 (CCRs) and you have the right to cancel.

http://www.legislation.gov.uk/uksi/2013/3134/made - see Section 28.

sarah69696pink

yes everything purchased online in one transaction. Received two days ago. Earrings did not arrive sealed (I actually bought three pairs - none sealed, will be keeping two lots as gifts but third is not how I imagined from pics on site)

DoaM

Ah ... when cancelling an order under CCRs then you might have to return the whole order, unless you paid separately for shipping of each item. If you want to keep some items then you may well be bound by their returns policy.

sarah69696pink

I'm actually happy to return everything in order - was going to keep two items but if it means I can return under CCRs happy to return all - is there some certain wording I need to use to say I wish to return under this? Since my online chat a manager has actually emailed but has also said I have no right to cancel and cannot return earrings as per t&c

Fosterdog

DoaM wrote: »

Ah ... when cancelling an order under CCRs then you might have to return the whole order, unless you paid separately for shipping of each item. If you want to keep some items then you may well be bound by their returns policy.

It may have changed in CCRs and I missed it but it was never like that in DSRs, each item in an order is classed as its own individual contract unless sold as a package. The only thing with the shipping is that if you keep part of an order you are not entitled to any of the shipping refunded.

LadyDee

I would not wish to buy earrings for pierced ears that might have been worn by anybody else. I for one am happy that reputable retailers will not accept returns of this type of item.

So, sorry OP, I am not sympathetic in this instance, whatever legal rights you might have to return them.

sarah69696pink

Thanks LadyDee fully understand the reason but not asking for sympathy - just legal standing - I bought online thinking I had the right to inspect and return if I did not like the items. Earrings look quite different in reality from the pic online, had I seen in person I would not have ordered them.
I would expect online earrings to come in some form of sealed bag so I could see them but prove I've not tried on etc.

neilmcl

LadyDee wrote: »

I would not wish to buy earrings for pierced ears that might have been worn by anybody else. I for one am happy that reputable retailers will not accept returns of this type of item.

So, sorry OP, I am not sympathetic in this instance, whatever legal rights you might have to return them.

And that's fair enough but how does the OP know that the earrings haven't been "worn" before her, which is the whole point that such objects should have seals on them to be excluded from the right to cancel.