Returns cut off for Sports Direct

Jenni_D

I understand what you're saying, but something in my mind says that there is prescribed wording to avoid dubiety.

The legislation itself uses the phrase "the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of".

https://www.legislation.gov.uk/uksi/2013/3134/regulation/30/made

All this assumes that they did send something in writing, and that this something was compliant. All this is moot if they didn't send anything - and remember, a link in an email to a website does not count as sending the required information in writing.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31/made

Parking_Eyerate

Jenni_D said:

I understand what you're saying, but something in my mind says that there is prescribed wording to avoid dubiety.

The legislation itself uses the phrase "the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of".

https://www.legislation.gov.uk/uksi/2013/3134/regulation/30/made

All this assumes that they did send something in writing, and that this something was compliant. All this is moot if they didn't send anything - and remember, a link in an email to a website does not count as sending the required information in writing.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31/made

Yep, I agree that the legislation uses very particular wording but unless it also states that traders must use identical wording then I don't think the form of wording is prescribed. So, I think it would come down to how "14 days from the date of delivery" would be reasonably interpreted, and I personally think it is reasonable to say that it covers the necessary statutory period. I also consider it is likely that the website wording of a company like Sports Direct would have been reviewed by a solicitor, though I do understand that anyone can make a mistake.
I don't disagree that the website isn't a substitute for sending information etc., I just think it is potentially misleading to say that the wording in question is definitely non-compliant (since it could lead people to believe that they definitely have further/continuing rights when they possibly/likely do not). 

Jenni_D

That's the beauty (and downside) of forums - anyone can post their opinion.  

I think the OP now has enough detail from which they can make their own assessment.  

sheramber

When I bought walking boots the assistant told me yo buy a size bigger than my normal size.

born_again

JustAnotherSaver said:

robatwork - no problem, the return didn't go. I was going to do it today but when Hermes took my money but didn't provide me a returns label or barcode or whatever I need to print off in shop, just no email whatsoever, nothing in my Hermes account - that was it, done with.

So now I have the process of trying to get my money back from Hermes for a label they never gave me.

Would you even bother disputing the charge with the bank or would you deal solely with Hermes?

powerful_Rogue - I'm a size 10, she ordered an 11. For clarification, an 11 came and I am a 10.

Well until the transaction actually debits your account there is nothing to do. All it will be at the moment is a authorisation that is showing a reduced amount of available funds. 
Which given you never received anything from Hermes, would tend to say there was a issue with the payment process. Only if it actually shows as a debit on your account do you need to do anything. 👍

JustAnotherSaver

Jenni_D said:

That's the beauty (and downside) of forums - anyone can post their opinion.  

I think the OP now has enough detail from which they can make their own assessment.  

Not really. It creates more questions than anything now with this game of tennis in here. Not that any of it matters now as any date whether it's this date, that date or the other date, they've all well & truly passed.

Question being if we're all talking about 14 days from delivery, whether that's a Monday or a Tuesday it doesn't really matter - they were delivered back in November.

Does that mean then that nobody is allowed to buy Xmas presents early if they wish to have the option of returning them? Surely these companies understand that around that time of year people are buying Xmas gifts and therefore things wont be opened until at least the 25th December, all things being 'normal' (unless you're one of those who give/open gifts early).

Indeed, Sports Direct did give an extension - 9th Jan, but MSE'ers were talking about 14 days from delivery regardless, which puts us back to the start of December ... even though Sports Direct said 9th Jan.

y3sitsm3

JustAnotherSaver said:

Jenni_D said:

That's the beauty (and downside) of forums - anyone can post their opinion.  

I think the OP now has enough detail from which they can make their own assessment.  

Not really. It creates more questions than anything now with this game of tennis in here. Not that any of it matters now as any date whether it's this date, that date or the other date, they've all well & truly passed.

Question being if we're all talking about 14 days from delivery, whether that's a Monday or a Tuesday it doesn't really matter - they were delivered back in November.

Does that mean then that nobody is allowed to buy Xmas presents early if they wish to have the option of returning them? Surely these companies understand that around that time of year people are buying Xmas gifts and therefore things wont be opened until at least the 25th December, all things being 'normal' (unless you're one of those who give/open gifts early).

Indeed, Sports Direct did give an extension - 9th Jan, but MSE'ers were talking about 14 days from delivery regardless, which puts us back to the start of December ... even though Sports Direct said 9th Jan.

No, it means buyers shouldn't be buying things as presents if they don't know they're suitable.

If parliament wanted there to be a specific exclusion for presents, they'd have put it in the legislation.

born_again

JustAnotherSaver said:

Jenni_D said:

That's the beauty (and downside) of forums - anyone can post their opinion.  

I think the OP now has enough detail from which they can make their own assessment.  

Not really. It creates more questions than anything now with this game of tennis in here. Not that any of it matters now as any date whether it's this date, that date or the other date, they've all well & truly passed.

Question being if we're all talking about 14 days from delivery, whether that's a Monday or a Tuesday it doesn't really matter - they were delivered back in November.

Does that mean then that nobody is allowed to buy Xmas presents early if they wish to have the option of returning them? Surely these companies understand that around that time of year people are buying Xmas gifts and therefore things wont be opened until at least the 25th December, all things being 'normal' (unless you're one of those who give/open gifts early).

Indeed, Sports Direct did give an extension - 9th Jan, but MSE'ers were talking about 14 days from delivery regardless, which puts us back to the start of December ... even though Sports Direct said 9th Jan.

Had in your OP you stated when SD had given you to return the item. You would have got a better answer.

People can only go by the info given, as such will simply state the legal, timescales. Not a timescale that the retailer has generously given over & above the legal requirements. Which given it's SD & their reputation is amazing.

So the real answer to your question is nobody knows as it's all down to SD terms. We don't work for them...

It could be that if they are stamped as posted 09-01 then you  are OK. But it could also be that if they are not back with SD by 09-01 then you are too late.

If you are buying a christmas present then you have to read the T/C, as not all retailers will allow returns outside the statutory limits. BUYER BEWARE

You also forget that unless you have a gift receipt then any legal rights are with the purchaser, not the receiver of the gift.

Data in = Data out. 👍

Jenni_D

JustAnotherSaver said:

Jenni_D said:

That's the beauty (and downside) of forums - anyone can post their opinion.  

I think the OP now has enough detail from which they can make their own assessment.  

Question being if we're all talking about 14 days from delivery, whether that's a Monday or a Tuesday it doesn't really matter - they were delivered back in November.

You've already been advised to (get the purchaser to) check what T&Cs were emailed/arrived in print in the box ... if these weren't sent in the correct format (as previously advised) and/or didn't advise of the correct cancellation rights then the time limit for returns (under the CCRs) extends to up to 1 YEAR and 14 days. So the fact that delivery was in November is largely irrelevant - IF the seller didn't comply with the CCRs.

Nobody mentioned (AFAIK) whether this fell on any specific day of the week. 🙄

JustAnotherSaver

born_again said:

JustAnotherSaver said:

Jenni_D said:

That's the beauty (and downside) of forums - anyone can post their opinion.  

I think the OP now has enough detail from which they can make their own assessment.  

Not really. It creates more questions than anything now with this game of tennis in here. Not that any of it matters now as any date whether it's this date, that date or the other date, they've all well & truly passed.

Question being if we're all talking about 14 days from delivery, whether that's a Monday or a Tuesday it doesn't really matter - they were delivered back in November.

Does that mean then that nobody is allowed to buy Xmas presents early if they wish to have the option of returning them? Surely these companies understand that around that time of year people are buying Xmas gifts and therefore things wont be opened until at least the 25th December, all things being 'normal' (unless you're one of those who give/open gifts early).

Indeed, Sports Direct did give an extension - 9th Jan, but MSE'ers were talking about 14 days from delivery regardless, which puts us back to the start of December ... even though Sports Direct said 9th Jan.

Had in your OP you stated when SD had given you to return the item. You would have got a better answer.

People can only go by the info given, as such will simply state the legal, timescales. Not a timescale that the retailer has generously given over & above the legal requirements. Which given it's SD & their reputation is amazing.

So the real answer to your question is nobody knows as it's all down to SD terms. We don't work for them...

It could be that if they are stamped as posted 09-01 then you  are OK. But it could also be that if they are not back with SD by 09-01 then you are too late.

If you are buying a christmas present then you have to read the T/C, as not all retailers will allow returns outside the statutory limits. BUYER BEWARE

You also forget that unless you have a gift receipt then any legal rights are with the purchaser, not the receiver of the gift.

Data in = Data out. 👍

Should've looked at the 7th line down in the OP.