Retailer refusing return

unholyangel

waamo wrote: »

Personally I would say if they don't fit then they are not as described. If the description says "fits size x" and they don't fit size x that's significant in my book.

Regardless of that you have a duty to explore all avenues before going to court so even if it does fail you would have to have tried anyway.

Would make more sense just to rely on consumer contract regulations since you would need to show that the shoes failed to conform to contract. Which may be difficult given the numerous variations you can get in measuring feet - width, bridge etc and even general size too. I can vary by 2 shoe sizes, depending on where I go....so what is my "right" size?

Years ago you used to get proper shoe shops that would measure you and sell you good shoes. Unfortunately, consumers loyalty is to the cheapest price and most of those shops went under. Those that managed to stay afloat did so by following the status quo.

I was actually thinking about this just yesterday. How designer brands used to be quality products from quality materials. Now its all cheap products & cheap materials but still with designer prices.

tangotonyb

"Would make more sense just to rely on consumer contract regulations since you would need to show that the shoes failed to conform to contract"

No it wouldn't. You clearly have no idea what you're talking about lol.

Manxman_in_exile

This could be fun...

foxtrotoscar_2

tangotonyb wrote: »

"Would make more sense just to rely on consumer contract regulations since you would need to show that the shoes failed to conform to contract"

No it wouldn't. You clearly have no idea what you're talking about lol.

You couldn't be more wrong.

Korkyb

Hang on a minute till I get some popcorn.

societys_child

tangotonyb wrote: »

Oh and I would politely request anyone who doesn't have DIRECT experience of this please refrain from commenting.

Why would anyone ask a question on public forums, then try to dictate who can comment? Odd.

societys_child

opinionated idiots

This thread does contain that type . .

unholyangel

tangotonyb wrote: »

"Would make more sense just to rely on consumer contract regulations since you would need to show that the shoes failed to conform to contract"

No it wouldn't. You clearly have no idea what you're talking about lol.

The "DSRs" you quote in your OP were superseded by the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 on the 13th June 2014.

I guess it is true what they say, every day is a school day. Just today doesn't seem to be mine

tangotonyb

unholyangel wrote: »

The "DSRs" you quote in your OP were superseded by the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 on the 13th June 2014.

I guess it is true what they say, every day is a school day. Just today doesn't seem to be mine

Err yes kind of - they're still DSR's - I guess the Official Title is no longer UK Distance Selling Regulations, but many sites still refer to the new rules as DSR's

Kind of irrelevant though what the name is now. The point is that the law as it applies here hasn't changed - sellers are obliged to accept returns made within 14 days with very little ability to make exclusions. Custom made goods, goods with a sanitary issue and digital goods are about it.

unholyangel

tangotonyb wrote: »

Err yes kind of - they're still DSR's - I guess the Official Title is no longer UK Distance Selling Regulations, but many sites still refer to the new rules as DSR's

Kind of irrelevant though what the name is now. The point is that the law as it applies here hasn't changed - sellers are obliged to accept returns made within 14 days with very little ability to make exclusions. Custom made goods, goods with a sanitary issue and digital goods are about it.

No, they're not. That is because the DSRs only covered distance sales. The CCRs now covers on-premises, off-premises and distance sales. But with different rules & requirements for each.

Who are these many sites that refer to them as the DSRs? If there's so many, you shouldn't have any trouble naming a few.

Also goods with a sanitary issue or digital goods are not excluded from the right to cancel. They can however be excluded in certain circumstances. In the goods with a sanitary issue case, that is if the goods are sealed for hygiene reasons and the seal is removed after delivery. For digital goods, this is generally (although never tested in court) because by downloading the goods, you have requested that provision of the service begins before the cooling off period has expired - although they need to inform you that by requesting the download early, you lose the right to cancel. Same with the hygiene seal.

So when you refer to DSRs, you know what you're talking about but when I refer to CCRs (which you say is just a different official title and the law hasn't changed - it has but I'll ignore that for now), I don't know what I'm talking about? What a bizarre position to be taking, just to try and save face.

Nothing wrong with making mistakes. We all do it - including me. Which is why I said my school day doesn't appear to be today.