Unable to return earrings (pierced) sold online

MoneySavingNovice70

Dear MSE Forum

I purchased some earrings online via the John Lewis App before Christmas as a gift.  Unfortunately, the earrings were not as aspected and my wife asked if we could return them.  Over the Christmas holidays, I visited the local store, spoke with the manager who informed me that due to JL's T&Cs they were unable to provide a refund due to the fact they were pierced earrings and that JL made it very clear in the purchasing process T&Cs that no return would be accepted for these goods.  I demonstrated to them on the app I did not see this condition and that it was ridiculous that I was not able to return if the earrings given were never touched and still in their original packaging. 

I thought a 14 day cooling-off period was written into consumer law for all goods but JL simply will not budge - any advice?

cx6

https://forums.moneysavingexpert.com/discussion/5682415/distance-selling-regulations-earrings

Aylesbury_Duck

Are they in a box with a hygiene seal, or similar?  Anything that clearly demonstrates they were not tried on?

Sandtree

MoneySavingNovice70 said:

I thought a 14 day cooling-off period was written into consumer law for all goods but JL simply will not budge - any advice?

It covers most goods bought remotely but not all, consumables, things with a very short shelf life, certain regulated products and items with a hygiene concern. For the later there must however be a "hygiene seal" and only if this has been broken/removed are the cooling off rights lost. 

To turn the tables, would you be happy if you bought a box of condoms and on opening found one loose out of its packet even if the retailer confirms that the customer that returned them had insisted he hadnt tried it on/use it?

Pollycat

What did they say about the app not having the 'no return on pierced earrings' information?

I've looked at lots of websites and seen a lot of exclusion conditions on earring purchases.
Same for return of underwear..

screech_78

On the product pages for any earrings, it clearly states “all pierced earrings are non-returnable for hygiene reasons”. It was the app I checked it on. 

Pierced earrings are also sent out in hygiene sealed bags so if this has been broken, you’re not entitled to return. Would you like to purchase a pair of opened earrings? 

cx6

It can say what it likes on the website but this cannot override the law.

The op has already said the seal / bag wasn't opened.

Manxman_in_exile

The whole point of a hygiene seal is to see whether it has been broken or not.  If the hygiene seal is unbroken (which the OP seems to be claiming) then the goods can still be returned under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013   s28(3)(a):   The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Doesn't matter what JL's returns policy says, does it...?

(The OP needs to clarify with JL that he is exercising his right to cancel and refund under the above regulations, NOT JL's own policy).

Murphybear

I buy loads of earrings online.   Most don’t come in a sealed packet but a tiny polythene bag.  That’s because I rarely pay more £20.  

I’ve only sent one pair back which was to QVC.  You can return anything there even if you’ve worn it,  partly used it or used most of it.  Pierced earrings are not excluded.

However QVCs rules are pretty unusual. 

JCS1

cx6 said:

It can say what it likes on the website but this cannot override the law.

The op has already said the seal / bag wasn't opened.

They haven't said that, just that they have the original packaging. 

cx6

"the earrings given were never touched and still in their original packaging. "