Online Retailer Refusing to Refund

gbarton24

I ordered two items online 3 December. I heard nothing until 14 December after numerous chaser emails and was told one item was leaving the supplier, the other was out of stock and I should receive the item posted by Christmas. I did not receive the item until last Friday, 25 January, again after numerous chasers.

It is an ice hockey helmet which is slightly too big so I asked to return for an exchange or refund, with me paying the return postage. The retailer said they were out of stock so couldn't exchange and would not accept a return as the item was ordered from the supplier and it's in their terms and conditions.

When I placed the order all it said on the website was 'in stock, approx 7 days delivery'. I was never told at any point it was to be ordered especially for me from a supplier. As I understand it the retailer has to offer a full refund as I notified them within 14 days of delivery and I also understand I have a case that the item was delivered 46 days after ordering, with anything being over 30 days allowing a refund. The exact clause in their terms is as below

'However, this cancellation right does not apply in the case of any goods that have been used, any goods that are not returned in the original packaging, Ice skates that have been sharpened, any made to measure goods, any personalised goods, any goods that have been ordered specially and any underwear/base layer goods'

My question is, does the above over ride the Consumer Rights Act and Consumer Contracts Regulations which leads me to believe I should be able to get a refund? I am struggling to find a definitive answer to it. Thanks for any help.

Diamandis

Which part of the terms apply to the return? Has it been used or was it a personalised item or something?

Carrot007

Diamandis wrote: »

Which part of the terms apply to the return? Has it been used or was it a personalised item or something?

This and what is the web site! Is it UK (a .co.uk means nothing)?

gbarton24

This was not personalised in any way. Was a regular helmet they said was in stock when I ordered. It’s still in be box, literally just tried it on and found it was too big. I notified them Monday I wanted to return the item. They are claiming the part which says ‘any goods that have been ordered specially’ means I am not due a refund. My point is I was never told it was being ordered from a supplier at the point of purchase.

gbarton24

It’s a UK website, won’t let me post a link. It’s called metal monster sales