Unable to return earrings (pierced) sold online

pinkshoes

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.

The OP said "were never touched and still in their original packaging" which doesn't make it clear if there was a seal or not.

Unless they were in a box with a tamper-evidence style seal then they will not be returnable, as you cannot prove that they have not been tried on.

I can't see anyone wanting to buy returned earrings...

JCS1

cx6 said:

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

But has the hygiene seal been broken?  I would be surprised you could look at the earrings to inspect them without doing this.  Until the OP confirms, we are just guessing.

MarvinDay

pinkshoes said:

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.

The OP said "were never touched and still in their original packaging" which doesn't make it clear if there was a seal or not.

Unless they were in a box with a tamper-evidence style seal then they will not be returnable, as you cannot prove that they have not been tried on.

I can't see anyone wanting to buy returned earrings...

I'm sorry but that is totally incorrect.
The CCR's are very precise about this and the lack of a seal or some form of sealed packaging does not mean that certain goods cannot be returned because of hygiene concerns.
If hygiene is an issue with the item and it was supplied sealed and became unsealed by the consumer then yes, a return can be refused but the lack of such a seal does not impede the right of return and cancellation.

elsien

Slightly off topic but I really don’t see the problem with returned earrings. Bought enough vintage ones in my time. Just clean them when you get them - really not sure what people think they’re going to catch if they clean them first. 

the_lunatic_is_in_my_head

If Unholyangel were here she'd likely say the hygiene exemption doesn't apply as ear rings could be restored to their original condition. 

Regs are very clear on items with hygiene concerns:

www.legislation.gov.uk/uksi/2013/3134/regulation/28

28.—(1) This Part does not apply as regards the following—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

Manxman_in_exile

MarvinDay said:

pinkshoes said:

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.

The OP said "were never touched and still in their original packaging" which doesn't make it clear if there was a seal or not.

Unless they were in a box with a tamper-evidence style seal then they will not be returnable, as you cannot prove that they have not been tried on.

I can't see anyone wanting to buy returned earrings...

I'm sorry but that is totally incorrect.
The CCR's are very precise about this and the lack of a seal or some form of sealed packaging does not mean that certain goods cannot be returned because of hygiene concerns.
If hygiene is an issue with the item and it was supplied sealed and became unsealed by the consumer then yes, a return can be refused but the lack of such a seal does not impede the right of return and cancellation.

I think that is correct.  As I understand it, a trader cannot simply refuse a return on hygiene grounds (whether earrings or underwear or anything else) unless (1) the item has been sealed for hygiene purposes, and (2) the seal has been broken.

s28(3)(a) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Manxman_in_exile

the_lunatic_is_in_my_head said:

If Unholyangel were here she'd likely say the hygiene exemption doesn't apply as ear rings could be restored to their original condition. 

...

She probably would - that was the German "mattress case" in the European Court IIRC.

That case also decided that the item had to be sealed for the specific purpose of maintaining hygiene - I think - it wasn't enough just to be sealed.

(This was all discussed in a thread last year regarding whether the hygiene exclusion applied to vaping paraphenalia.)

cx6

pinkshoes said:

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.

The OP said "were never touched and still in their original packaging" which doesn't make it clear if there was a seal or not.

Unless they were in a box with a tamper-evidence style seal then they will not be returnable, as you cannot prove that they have not been tried on.

I can't see anyone wanting to buy returned earrings...

The situation is fairly simple and is this (in law):

1. if the earrings came with a hygiene seal and the seal is unbroken they can be returned within the 14 days. If broken then it is up to the retailer if they will accept the return - they don't have to

2. if no seal, then they can be returned.

donnac2558

Gems TV many years back when I did buy something always said you could inspect the earrings they sold but not open the sealed plastic they came in if you wanted to return.   I never bought earrings from them, but a friend did and the small plastic bag was heat sealed.

Way back in the 80s you could buy earrings in shops, try them on and still return.   But then AIDS came and suddenly warning signs put up even in Boots who sold costume jewellery you could no longer try them on and return.   Strangely, the rule has stayed ever since.

QVC the shopping channel you have always been able to return earring, they used to say on air we sanitize all earrings before reselling them live on air.

I have never seen a problem with trying on earrings on, unless you have open weeping earrings.   I have bought earrings from eBay never thought about it.