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Can I return a riding hat bought online

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My daughter bought a riding hat online from a shop that sells horse riding gear. Unfortunately she ordered the wrong size and asked if she could return it for one the right size.

The shop replied saying that their policy states that they can't refund or exchange safety equipment so she couldn't have a refund or exchange for the correct size.

The hat cost around £80 a lot of money for a youngster on first wages so of course she's a bit upset.

I've searched online and noticed that the rules for online sales returns are on our side but I can't see any mention of whether safety goods can be returned especially as their terms and conditions state that they can't.

I don't want her to email them without the facts at hand so does anyone know if she is able to get a refund. My son says that their terms and conditions aren't valid as they don't comply with the consumer rights 2015.

Not sure what to do, help please and thank you xxx

Kate

Comments

  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I can't recall any exemption for safety equipment - Halfords and other retailers who sell motor cycle helmets and child car seats don't exclude them from returns. Perhaps ask the seller which part of the legislation allows them to exclude a helmet from being returned. How did you pay for the item as you will likely have recourse with your bank/ card provider of the seller persists with refusing a return.
  • Thanks, you have a point there. I will get her to email them again and request an exchange. She would have paid via a debit card so I'm not sure if that would come with any gaurantees from the bank. Worth a try though if things get sticky.

    Thanks again

    Kate x
  • dj1471
    dj1471 Posts: 1,969 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker!
    As above safety equipment isn't a special case in the legislation so she's entitled to return for a full refund (there's no legal right to an exchange, so she might have to take a refund and reorder if the retailer won't play ball).
  • I don't know about riding helmets, but I wouldn't be happy to have a returned bike helmet(?).
  • Geodark
    Geodark Posts: 1,049 Forumite
    Part of the Furniture 1,000 Posts
    I don't know about riding helmets, but I wouldn't be happy to have a returned bike helmet(?).

    Exactly this - could have been dropped or anything
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    If it had been dropped/damaged there would be obvious signs. (If you think there wouldn't be, then you'd face exactly the same conundrum buying from a shop - how could you [or they] prove it hadn't been dropped/damaged?)
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 12 June 2019 at 2:39PM
    DoaM wrote: »
    If it had been dropped/damaged there would be obvious signs. (If you think there wouldn't be, then you'd face exactly the same conundrum buying from a shop - how could you [or they] prove it hadn't been dropped/damaged?)


    I think the problem with cycling helmets is that any damage caused by dropping may not be evident on examination. You may not know there's a problem with its structural integrity until your head hits the kerb.


    Point taken about buying in a shop. I would just have more trust in the staff in the shop looking after it better than some unknown purchaser who has bought online and decided to return it. But nothing is absolutely risk free.


    EDIT: Also, perhaps prejudice on my part, but I suspect a returned online purchase has had more opportunity to be dropped, kicked, crushed, smashed, involved in a nuclear incident etc.
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