Mystery Box! Can I get a refund?

DPrescott89

Hello,

I bought a 'Mystery Box' from a clothing brand online (basically they sent me a number of things in one size at random) but I wasn't happy with the content.

It said it wasn't applicable for refunds and I realise that that's the risk you take, but am I covered by consumer contract regulations?

They have said:

The Mystery Boxes were clearly labelled as a non returnable product. The mystery boxes are created at random, each box is customised and personal to the customer. Because we do not have a record of what went into each box we are unable to verify the boxes upon return. This is why we do not accept mystery boxes back.

Under the fact this is a personalised custom product we are covered by the consumer contract regulations and we are not obliged to accept this item as a return.

Thanks,

Daniel

George_Michael

If they don't know what went into each box, how do their accounts work and what would they do if someone wanted to return an item because it was defective when received or it failed early in its life?

Anyway, picking items at random is not customization. Was there anything added to the box of the goods to personalise them?
Picking items at random and then having your initials added on to them would exclude them from being able to be returned but from what you describe, what you purchased is simply a selection of non customised goods and is in no way exempt from the right of return.

DPrescott89

Hi George,

Thanks for your response.

Basically I picked a size and they sent a mystery selection to include three t shirts, two jumpers, a jacket and a cap from a range of their brands as part of Black Friday.

There was no personalisation other than the size I gave. In the box they even gave me a returns form.

Thanks,

Daniel

theonlywayisup

Where is the company based?

DPrescott89

United Kingdom

unholyangel

The exemption from the right to cancel applies to contracts for:

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

The implementing guidance from BiS provides:

I sell premier league football shirts online. Customers can order a shirt with
their own name on it or that of a premier league team player. Can the
consumer change their mind after they have ordered?

13. Items made to a particular, often unique specification are exempt from
cancellation rights on the basis that a trader might otherwise be left with a
product so specific to a particular consumer’s needs that there is no other
market for it once the consumer has cancelled the contract. Judgements of
what is truly bespoke will, therefore, inevitably be on a case by case basis. In
the above case, the customer should be able to cancel a shirt bearing a team
player name on it. However, a shirt bearing their own name would be likely to
constitute a personalised item to which cancellation rights do not apply.

14. An item made up following a consumer order does not necessarily make it
a bespoke item which is exempt from cancellation rights. An item, for example
a sofa or computer, can be assembled following an order but the component
parts may be made up of parts offered from a standard range. So, for
instance, a sofa where the consumer chooses a fabric and colour from a
range on offer will not be bespoke for the purposes of these Regulations.
However, if the consumer asks the trader to source a special finish and which
is not in the range generally offered by the trader, that is likely to be a
bespoke item.

Ignoring the fact that the goods were not made to your specifications/personalised, you ordered something that they offer to everyone.

DPrescott89

Thanks so much. I will hit them with that when I get to work and update!

Comms69

I'd say that you can return under distance selling rules.

DPrescott89

We've finally got there.

First they said no again.

Then offered an exchange.

Then finally accepted the refund.

Thanks for all your help!

Zoee

DPrescott89_ wrote:

. In the box they even gave me a returns form. They finally accepted the refund.

All well that ends well.