Accessorize online purchase

Steph1234

Hello,
I recently purchased some things online, from Accessorize; earrings. When I noticed some of the items reduced, I re-purchased at the lower cost, intending to take the other items back. However, Accorssorize have said they do not do returns at all (no refund, credit note etc.). I have also tried to cancel my order (straight away) but they said no. Has anyone else come across this? Looking online, I should be allowed a cooling off period and if on arrival, the goods don't look the same - I have rights to take back as long as they are unopened (which they will be!). Can anyone help?
Thanks in advance!

unholyangel

There is an exemption to the right to cancel for goods sealed for hygiene reasons. But only if the goods become unsealed after delivery. 

Are the goods sealed and have you removed/broken that seal? If not get back in contact with them and inform them you are exercising your right to cancel under consumer contracts regulations. 


Although you may possibly (depending on whether they complied with giving you the relevant info requirements) have to pay return postage. 

Spank

It looks like the goods haven't even been delivered unholy.

unholyangel

Spank said:

It looks like the goods haven't even been delivered unholy.

Yes, however there were 2 orders and they said they tried to cancel straight away. Which couldn't have been about the first order, since there was a price change in between the first and second orders. So was unclear whether both orders had yet to arrive or just one and was trying to save myself some time by covering all bases. Although it seems to have backfired on me 

DiddyDavies

If one or both of the orders haven't arrived, it might be worth trying to refuse the delivery so it gets returned back to the seller.
I say might as with RM and couriers not obtaining signatures at the moment, packages often get left on the doorstep or posted through the letter box so refusing it may not be possible.

DiddyDavies

unholyangel said:

Are the goods sealed and have you removed/broken that seal? If not get back in contact with them and inform them you are exercising your right to cancel under consumer contracts regulations. 
 

And point out that apart from being a statutory right, it is also clearly shown in their T&C's:

RIGHT TO CHANGE YOUR MIND

In addition to your other legal rights, you have the right to cancel the Contract (other than in relation to personalised or other products which we have specified as non-returnable, such as unsealed products) and receive a refund from us. Your right to cancel a Contract starts from the date of your Confirmation email relating to that Contract and ends 14 days after the date of delivery.

unholyangel

DiddyDavies said:

unholyangel said:

Are the goods sealed and have you removed/broken that seal? If not get back in contact with them and inform them you are exercising your right to cancel under consumer contracts regulations. 
 

And point out that apart from being a statutory right, it is also clearly shown in their T&C's:

RIGHT TO CHANGE YOUR MIND

In addition to your other legal rights, you have the right to cancel the Contract (other than in relation to personalised or other products which we have specified as non-returnable, such as unsealed products) and receive a refund from us. Your right to cancel a Contract starts from the date of your Confirmation email relating to that Contract and ends 14 days after the date of delivery.

Yes but they also say (in returns page)

Please note that for hygiene reasons we are unable to refund pierced goods, face masks, hosiery or cosmetics, this does not affect your statutory rights.

They've tried to cover themselves with the follow up disclaimer but such a disclaimer cannot be used to justify any term which seeks to remove or restrict statutory rights. The inclusion of the disclaimer is likely to make it more misleading as you'd need legal expertise to know what your rights were and how that term might interact with your rights. 

It's quite common to get retailers who think they can't exempt pierced goods on the basis they're pierced. But they can't, not unless they're sealed for hygiene reasons.