Wont exchange wrong size item

Sandtree

Mickey666 said:

Sandtree said:

Mickey666 said:
I've always understood that's because a customer can examine the goods in person and confirm they are fit for the desired purpose.  This is not possible when buying online so customers have the legal right to return the item for a full refund for any reason.

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

If not, then it's another nail in the coffin of high street shops.

Distance Selling Regs and their equivalents are intended to draw a parallel with in store shopping  but that doesnt mean that there is a minimum standard of level of inspection available in store.

Personal hygiene, food, medical etc products are always going to be sold in a closed box and so the same standards will apply in both shopping channels.  I mean would you want to buy a box of sanitary towels or condoms where someone else had opened the box and “just tried one on for size”?

The OP has no statutory right of return for simply changing their mind, their only right to return it will stem from either the item being faulty or not as described. If the support itself is labelled large but it was in a small box then its simple to take it back however it becomes more subjective if its also labelled small or unlabelled and the OP just realises that small isnt small enough for them.

14 days to cancel an online order according to this, with no need for a reason: https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Shop transactions are different: https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

The OP bought in store so online is irrelevant... I was addressing your comment on if the OP should have rights to open packaging in store because they may have such rights with online purchases.

sheramber

Mickey666 said:

Sandtree said:

Mickey666 said:
I've always understood that's because a customer can examine the goods in person and confirm they are fit for the desired purpose.  This is not possible when buying online so customers have the legal right to return the item for a full refund for any reason.

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

If not, then it's another nail in the coffin of high street shops.

Distance Selling Regs and their equivalents are intended to draw a parallel with in store shopping  but that doesnt mean that there is a minimum standard of level of inspection available in store.

Personal hygiene, food, medical etc products are always going to be sold in a closed box and so the same standards will apply in both shopping channels.  I mean would you want to buy a box of sanitary towels or condoms where someone else had opened the box and “just tried one on for size”?

The OP has no statutory right of return for simply changing their mind, their only right to return it will stem from either the item being faulty or not as described. If the support itself is labelled large but it was in a small box then its simple to take it back however it becomes more subjective if its also labelled small or unlabelled and the OP just realises that small isnt small enough for them.

14 days to cancel an online order according to this, with no need for a reason: https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Shop transactions are different: https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

DID you miss this bit

Exemptions

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that's been broken.

Mickey666

No, but I figured people could read it for themselves if they were interested, which is why I included the link.  No point copying it here.

sheramber

Mickey666 said:

No, but I figured people could read it for themselves if they were interested, which is why I included the link.  No point copying it here.

14 days to cancel an online order according to this, with no need for a reason:
unless they are exempt as above.
So does not apply to all  items which may be relevant for the items the OP bought.