Iffley Road - refusing refund for item bought online that is in the sale

splondon2022

Hello! 

I searched for a similar threat but couldn't find anything relevant post Brexit so was hoping to get some advice. 

I bought an item from Iffley Road - an online sports retailer. This item was on sale and their website says 'No return on sale items.' The item doesn't fit, I asked for an exchange for the size down but they're out of stock. I then asked for a refund and they pointed to their policy which, to be fair, is displayed relatively prominently on their website. 

Is this a legally enforceable policy however? It seems to contravene the distance selling regulations. I looked at the guidance on the main MSE site and it mentioned:

"The Consumer Contracts Regulations apply to contracts for goods or services (including digital content) of any value ordered from an EU-based business via mail order, phone or online. You're also protected if buying something costing more than £42 away from a normal seller's premises (usually at your home or work)."

Post-Brexit though, the retailer isn't EU based. Does that mean I no longer have the right to return for a refund? 

Thanks in advance for any advice!

marcia_

 I've just looked on their website T&C and they're a uk company? 

"

SECTION 21 - GOVERNING LAW



These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England."

splondon2022

Thanks for the response. Yep - they are UK based. But conscious that post Brexit the UK isn't part of the EU anymore, so not sure that the guidance from the MSE site still applies? 

Feels like this shouldn't be legally enforceable but not sure what to do. I don't want to send the item back and then not get a refund! 

marcia_

 Nothing to do with being in the EU, it was written in to U.K. law.

Manxman_in_exile

The bit about "No return on sale items" can only apply to their own returns policy - not to your statutory rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The so called "change of mind" right to return on a distance/online purchase is contained in s29 and s30 of those Regulations.  Basically you can return an online purchase for a full refund within 14 days.  (Although it might be wise to also read ss 28 - 35 to satisfy yourself that you are covered and to understand how to go about it).

Quote the law to them:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Brexit is irrelevant.  I'm not sure why you'd think it was ...

splondon2022

Thanks both for the replies. I challenged them and they caved immediately and have agreed to accept the return. Pretty cheeky of them I think. Won't be shopping with them again. 

Manxman_in_exile

Well done.

A lot of online sellers have their own 30 days returns policy which is often better than your statutory 14 days right.  But because it's their policy (not the law) they can apply whatever conditions they like to it - such as it doesn't apply to sale items.  But they can't take away your 14 day right to return given by the legislation I quoted above.

I haven't looked at their website but it ought to say something like:  "This returns policy does not apply to sale items (but this does not affect your statutory rights)"  That would probably be OK, but it's a bit naughty if they don't include somewhere the bit in brackets.

Of course they do it in the hope that you don't understand and that you won't bother to try to return sale items.  But if you point out what the law says - and can refer to it - they cave in.