Waist Train uk

Looking for some opinions on the return policy at Waist Train UK, I thnk they're breaching the rules but I want to be sure of my position before making a fuss.

Basically a friend ordered a corset type garment from them four days ago and it didn't fit. When she (immediately) requested an exchange they sent her a form to do so that stipulated return carriage had to be paid by the customer. Unfortunately she didn't read the T&C's beforehand.
Returns and Exchange Policy:

Due to the nature of the garments, we do not accept any returns on our waist trainers that are taken out of their original packaging (this includes: The Everyday Trainer, The Latex Trainer and the Sweat Fitness Belt). Please select your size carefully by following our size guide here.

We do allow for size exchanges if you have received an item and it does not fit.

Size Exchanges:

We can only accept exchanges which have not been worn or washed and we reserve the right to return items that have clearly been used. You have 14 days to notify us if you would like an exchange from the date of item receipt via info@waisttrain.uk. We process exchanges on any unused items when returned by post to Waist Train UK in the same condition sold to you, within 14 days of your notification.

Waist Train UK will not accept carriage due or payment on delivery and will not pay return charges – these are at your own cost and it is your responsibility to ensure a tracked and recorded service is used. We are unable to refund any lost, missing, or damaged parcels.

We do not offer free returns (postage must be paid by the customer).

I realise that legally a return isn't strictly the same as an exchange, but this just doesn't seem right to me. These garments aren't underwear, they don't come into contact with intimate parts any more than a T-shirt. Can they really refuse a return on the basis the package has been opened?
Can they demand she pays the return charge for an exchange?
3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
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Comments

  • bris
    bris Posts: 10,548 Forumite
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    Not very many places offer free returns, why would you think the return should be free?
  • hollydays
    hollydays Posts: 19,812 Forumite
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    Raxiel wrote: »
    Looking for some opinions on the return policy at Waist Train UK, I thnk they're breaching the rules but I want to be sure of my position before making a fuss.

    Basically a friend ordered a corset type garment from them four days ago and it didn't fit. When she (immediately) requested an exchange they sent her a form to do so that stipulated return carriage had to be paid by the customer. Unfortunately she didn't read the T&C's beforehand.



    I realise that legally a return isn't strictly the same as an exchange, but this just doesn't seem right to me. These garments aren't underwear, they don't come into contact with intimate parts any more than a T-shirt. Can they really refuse a return on the basis the package has been opened?
    Can they demand she pays the return charge for an exchange?

    Would you like to set up a business where you have to pay for your customers mistakes?
  • Raxiel
    Raxiel Posts: 1,402 Forumite
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    bris wrote: »
    Not very many places offer free returns, why would you think the return should be free?
    There's nothing stopping them from charging for the outbound postage but free returns are required by distance selling rules.
    hollydays wrote: »
    Would you like to set up a business where you have to pay for your customers mistakes?
    They save money by not having a retail presence where customers can inspect the goods beforehand.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • Caz3121
    Caz3121 Posts: 15,788 Forumite
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    Raxiel wrote: »
    free returns are required by distance selling rules.

    can you provide a link to that?
  • dj1471
    dj1471 Posts: 1,969 Forumite
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    Raxiel wrote: »
    There's nothing stopping them from charging for the outbound postage but free returns are required by distance selling rules.
    No, they're not.

    So long as the T&Cs state that the buyer is responsible for return postage for a change of mind return and those T&Cs were provided in a durable medium at the time of purchase then that's entirely valid.
  • Raxiel
    Raxiel Posts: 1,402 Forumite
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    dj1471 wrote: »
    No, they're not.

    So long as the T&Cs state that the buyer is responsible for return postage for a change of mind return and those T&Cs were provided in a durable medium at the time of purchase then that's entirely valid.
    Thanks, that what I was asking for. Does that include short term right to reject?
    All the places I've ever dealt with online offered free returns (other than bespoke items) but didn't make it clear if this was policy or statutory rights.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • dj1471
    dj1471 Posts: 1,969 Forumite
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    Raxiel wrote: »
    Thanks, that what I was asking for. Does that include short term right to reject?
    All the places I've ever dealt with online offered free returns (other than bespoke items) but didn't make it clear if this was policy or statutory rights.
    The short term right to reject only applies when there's a breach of contract, which there isn't here. In that case the company would be responsible for the return cost.
  • Caz3121
    Caz3121 Posts: 15,788 Forumite
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    If a company pays the return postage for non-faulty returns, that is their choice.
    You should be told in advance of purchase, which "We do not offer free returns (postage must be paid by the customer)." would cover
  • soolin
    soolin Posts: 73,745 Ambassador
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    Raxiel wrote: »
    There's nothing stopping them from charging for the outbound postage but free returns are required by distance selling rules.


    They save money by not having a retail presence where customers can inspect the goods beforehand.

    As has been said, change of mind returns mean buyer returns at their own cost, but the full amount (except for any special postage costs requested) are returned.

    Some companies do offer free returns but it is by no means a requirement.
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  • Raxiel wrote: »
    Basically a friend ordered a corset type garment.
    .....
    .....
    These garments aren't underwear, they don't come into contact with intimate parts any more than a T-shirt.

    Even though corsets don't come into contact with "intimate parts", they are still worn under your day to day clothing and as such may well be classed as underwear.

    There is also the fact that when worn, a corset type garment will be tight fitting against the skin (something that isn't normally the case with a T-shirt) and will in all likelihood get more sweat on it that a T-shirt.
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