Sports Direct returns policy on underwear

Ben93

Hi guys,

I have some Calvin Klein boxers that one of the members of staff went into the back room to get the right size for me as they didn’t have the size I wanted on the shelves, they ran it through the till and straight into the bag. I get home and find they’re two sizes too big! I’ve just read their returns policy and it says due to hygiene reasons they won’t take personal items back! I’m rather annoyed now that I have 2 unopened boxes of underwear that I cannot wear.

Do I have no leg to stand on and 4 expensive dusting rags now or do I have any right to get them exchanged?

Right now I haven’t enjoyed my experienced visiting one of their stores :mad:

neilmcl

Ben93 wrote: »

Hi guys,

I have some Calvin Klein boxers that one of the members of staff went into the back room to get the right size for me as they didn’t have the size I wanted on the shelves, they ran it through the till and straight into the bag. I get home and find they’re two sizes too big! I’ve just read their returns policy and it says due to hygiene reasons they won’t take personal items back! I’m rather annoyed now that I have 2 unopened boxes of underwear that I cannot wear.

Do I have no leg to stand on and 4 expensive dusting rags now or do I have any right to get them exchanged?

Right now I haven’t enjoyed my experienced visiting one of their stores :mad:

That policy is regarding change of mind purchases. Clearly if the item is faulty or not as described as in this instance they should accept them back for a refund or replacement. Take them back and get the correct size.

Londoner_1

As long as you haven't worn them they can be exchanged.

soolin

Londoner_1 wrote: »

As long as you haven't worn them they can be exchanged.

Op seems to suggest that the policy says otherwise, why do you suggest that an exchange is possible?

OP were you given the wrong size ie you asked for a medium and they gave you XL or did you just buy the wrong size? whilst it probably won't help (knowing this company) if they actually handed you the wrong size you might try appealing to their better nature, but then this store is noted for its stringent but legal returns policy.

Owain_Moneysaver

The shop's policy cannot restrict the consumer's statutory rights to good which are (in the words of the old Sale of Goods Act) as described, fit for the purpose, and of merchantable quality.

powerful_Rogue

Owain_Moneysaver wrote: »

The shop's policy cannot restrict the consumer's statutory rights to good which are (in the words of the old Sale of Goods Act) as described, fit for the purpose, and of merchantable quality.

If the OP asked for a medium and received a medium but they were too big, how does that meet the criteria?


Sizes of clothes/underwear differs where you go, especially terms such as Small, Medium and Large, in which mens underwear is done.

Owain_Moneysaver

As the OP said they are unopened then he presumably asked for Well Hung but has received two boxes of Extra Extra Well Hung. :-)

Anyway, even if the OP asked for a medium and received a medium, but they're too big, then they're not described as a reasonable person would understand a medium. Also if the measurement doesn't conform with EN 13402 or other recognised size standard that would be additional ground to reject.

Personally I buy Primark :-)

unholyangel

I think OP's just read sports direct online returns policy which states some items are not returnable for hygiene reasons. Which is wrong because the exemption to the CCRs states that you may lose the right to return only if the goods are sealed for hygiene reasons and become unsealed after delivery. If there is no seal or the seal is intact then you have the right to cancel regardless of any hygiene concerns.

A term seeking to limit or remove a consumers statutory rights is unfair, potentially a criminal offence and cannot be made fair by use of a disclaimer that "this does not affect your statutory rights" (which sports direct say immediately after it and which obviously contradicts their no returns on hygiene grounds term).

However, its a moot point for the OP as he purchased in store, not online (CCRs dont give cancellation rights for on-premises contracts) and the goods potentially don't conform to contract (if the assistant gave him a size different to what he had asked for).

As others have said though, sports direct have a reputation for flouting consumer laws.

soolin

Owain_Moneysaver wrote: »

The shop's policy cannot restrict the consumer's statutory rights to good which are (in the words of the old Sale of Goods Act) as described, fit for the purpose, and of merchantable quality.

In store purchases though for change of mind have no legal right to a refund or exchange. Many shops do offer a returns policy that goes beyond that which is required by law, but they don't have to.

If goods are faulty then that's different, but that doesn't appear to be the case here , if he was given the wrong goods then knowing this company I think a refund will be an uphill struggle without any proof.

Les79

Some weird replies here like!

OP:

1. Sports Direct don't generally do "change of mind" returns, that is their business model (which I, personally, have no qualms about and that's coming from a Newcastle United fan). It is best summed up as "no frills" customer service.

2. In-store purchases are different to online ones. Generally, when purchasing online you can return it fairly quickly if you change your mind. The logic being that you can inspect the item as you would in a store. If you buy in store then it is pretty much assumed that you inspected the goods before purchase. By the way, not many/no retailers will allow you to "try on" underwear in-store because it is pretty minging! So if you've opened the underwear then that's a double whammy.

So you have no automatic right for refund, even if the item is unopened!

You'd literally be relying on the "he said she said" argument that you were given the incorrect item (and didn't check it!!) VS you picked it off the shelf yourself. Given point 1 I doubt you'll get anywhere here I'm afraid, but feel free to try (I personally appreciate any and every swipe at Mike Ashley; but preferably only when justified).

Gary123456790

Presuming they are unworn and that they size is not the one you asked for, i'd get back to the shop ASAP and politely explain that they gave you the wrong size and could they swap it for you please?

Being polite and friendly in these situations often goes a long way I find.