Distance Selling regulations - earrings

neilmcl

sarah69696pink wrote: »

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

You have to mention that you have a right to cancel under the terms of the CCRs and there are no exclusions for earrings unless they were shipped with a hygiene seal in the first place. You can quote Section 28 as I mentioned above.

unholyangel

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.

Thats the argument some retailers try to take. Not strictly true though legally.

If that stance was correct, you wouldn't be allowed to cancel a contract for goods that had been installed, wouldn't be able to cancel a contract that contained any item exempt from cancellation rights etc. In those situations, you would be able to cancel the rest of the contract but wouldn't be able to cancel the installation (service fully performed) or goods that were exempt. Which obviously wouldn't be possible if it had to be an recession of the entire contract.

If the contract isn't severable - say the goods form a commercial unit, THEN they can request that all items that form that commercial unit are returned in order to cancel. However if you didn't return them all, they'd be limited to (if they complied with the necessary requirements ofc) making a deduction for diminished value rather than refusing cancellation.

unholyangel

neilmcl wrote: »

You have to mention that you have a right to cancel under the terms of the CCRs and there are no exclusions for earrings unless they were shipped with a hygiene seal in the first place. You can quote Section 28 as I mentioned above.

And even then, the seal needs to have been broken/removed in order for the exemption to apply.

OP, if they try telling you again that they don't accept return of earrings as per T&C's, just remind them that misleading consumers about their statutory rights can amount to a criminal offence so perhaps they would like to double check with their legal department before trying to tell you again that earrings are exempt.

ETA: Just checked their T&C's, they do specifically state they are exempt from the right to cancel so definitely misleading. They also state made to measure/order goods are exempt and so is food. Neither of which are exempt from the CCRs - although goods made to the consumers specifications or clearly personalised and goods likely to deteriorate or expire rapidly are, not all food expires rapidly and not all made to measure/order goods will be made to the consumers specification/clearly personalised.

DoaM

unholyangel wrote: »

Thats the argument some retailers try to take. Not strictly true though legally.

If that stance was correct, you wouldn't be allowed to cancel a contract for goods that had been installed, wouldn't be able to cancel a contract that contained any item exempt from cancellation rights etc. In those situations, you would be able to cancel the rest of the contract but wouldn't be able to cancel the installation (service fully performed) or goods that were exempt. Which obviously wouldn't be possible if it had to be an recession of the entire contract.

If the contract isn't severable - say the goods form a commercial unit, THEN they can request that all items that form that commercial unit are returned in order to cancel. However if you didn't return them all, they'd be limited to (if they complied with the necessary requirements ofc) making a deduction for diminished value rather than refusing cancellation.

Good point. I know where I've gone wrong ... it's the refund of original postage that's only valid when cancelling the entire order (assuming postage was a job lot rather than individually); if you retain some items then you can't recover the original postage costs for shipping to you.

LilElvis

DoaM wrote: »

Good point. I know where I've gone wrong ... it's the refund of original postage that's only valid when cancelling the entire order (assuming postage was a job lot rather than individually); if you retain some items then you can't recover the original postage costs for shipping to you.

As the OP says that they placed a large order its likely that the delivery charge was nil as it's free on orders over £50.

sarah69696pink

Thanks everyone for your help -the delivery charge was indeed nil.
I've emailed back the manager at HoF explaining I wish to cancel under CCR they've not replied, so I've written a note on my returns form explaining and will be returning later today.

elsien

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.

Slightly off topic, but what do you think you're going to catch? If your ear piercings are healed then how it it different to touching them with your finger?
Do jewellers and charity shops sterilise second hand earrings?

(Not having a dig, I'm genuinely curious.)

donnac2558

elsien wrote: »

Slightly off topic, but what do you think you're going to catch? If your ear piercings are healed then how it it different to touching them with your finger?
Do jewellers and charity shops sterilise second hand earrings?

(Not having a dig, I'm genuinely curious.)

QVC the shopping channel are the only ones I know who accept earrings back after being worn. They insist they use a high pressure steam thing concleve(sp) to clean? Many people freak out about wearing earrings worn by someone else, but I say unless they have weeping sores no problem.

This actually all goes back to when AIDS was first warned about by leaflets etc how you catch it(open sores,blood etc). So suddenly all stores stopped accepting earrings back. I remember clearly in the 80s Boots etc all let you return earrings no problem and then it stopped. The policy has never changed since then, earrings bought unless in a security bag which has not been opened will not be accepted returned. Most jewellers and even on jewellery shopping channels have plastic thing they put the earring into and hold it up to your ear to show what they look like. These also arrive double bagged and seal, if the seal if broken you cannot return unless faulty.

sarah69696pink

Update for everyone - HOF replied and said that their t&c supersede any statutory rights and by purchasing off them I am agreeing to this - HOWEVER as a goodwill gesture they will refund on this one occasion - so whilst it seems they are incorrect in their reasoning they are refunding me my money.
Thanks for all your help

neilmcl

sarah69696pink wrote: »

Update for everyone - HOF replied and said that their t&c supersede any statutory rights and by purchasing off them I am agreeing to this - HOWEVER as a goodwill gesture they will refund on this one occasion - so whilst it seems they are incorrect in their reasoning they are refunding me my money.
Thanks for all your help

I'd wait to get your refund then reply to that email stating that Trading Standards (and perhaps HOF head office) would be very interested in their stance that their T&Cs supersede statue law. Never heard something so ridiculous :rotfl: