Esty no refund policy, isnt that against the law?

Poshsalt

I just bought something off esty and its the wrong size, I asked the seller to return the item and they said no.

I thought consumer rights have upto 30 days to return anything, an when looking at the policy it says esty only refunds if item isnt delivered.

Consumer Rights Act 2015 and the Consumer Contracts Regulations

Isnt that against the law?

If that isnt then why doesnt Amazon and every shop have that in there policy?

Thrugelmir

Where's the seller based? 

Sandtree

For a contract constructed under UK law the CRA applies and you have 14 days to return an item bought at distance with a few exceptions... you have 30 days to reject an item, irrespective how bought, if the item is faulty/not as described etc

The potential issue here is that Etsy is a US based company and so your contract is potentially not governed under english law in which case your consumer rights will be whatever they are in the state they are incorporated in. US consumer rights tend to be much lower than UK. 

Interestingly Etsy does recognise the 14 day rights for countries in the EU but that naturally doesnt apply to the UK any more.

maisie_cat

Was this a bespoke item?

Savvy_Sue

maisie_cat said:

Was this a bespoke item?

Because if it was, the "No returns" policy would be completely legal.

Poshsalt

No not bespoke, its all in UK.

[Deleted User]

I buy from sellers on the Etsy platform regularly, those in the US but mostly this country.
I've had a situation before where the listing said no returns accepted but after a couple of conversations with the seller they actually did accept it back.
It might just be worth another try and see how it can be resolved, there might be a way to compromise and resolve the issue.

seatbeltnoob

Etsy items are usually items hand made by individuals and therefore made to order, so dsr does not apply.

DSR does not apply to anything below £42, I realised to my surprise. I looked it up when I wrote the returns  policy for my business. But I decided to offer returns for orders of all amounts.

Read the list of exceptions 

https://www.gov.uk/online-and-distance-selling-for-businesses

The £42 amount is often missed out even by consumer advice websites. I just googled it to get the link and the BBC website came first and it made no mention of the below £42 exception.

LaHostessAvecLaMostess

seatbeltnoob said:

Etsy items are usually items hand made by individuals and therefore made to order, so dsr does not apply.

DSR does not apply to anything below £42, I realised to my surprise. I looked it up when I wrote the returns  policy for my business. But I decided to offer returns for orders of all amounts.

Read the list of exceptions 

https://www.gov.uk/online-and-distance-selling-for-businesses

The £42 amount is often missed out even by consumer advice websites. I just googled it to get the link and the BBC website came first and it made no mention of the below £42 exception.

Because it doesn't apply to online sales.

You must provide certain information if you’re selling goods or services through digital TV, by mail order or by phone or text message. This is called distance selling.

There are extra rules you need to follow if you’re:

• selling goods or services online
• registered for VAT
• selling outside the UK

Where's the facepalm emoji?