Please help, in tears - clothes subscription taken money

alex207

Hi all, hope you can help. 

I subscribed to Circle Of Style, a second hand clothes subscription service, paying £3.99 every two months for them to send some clothes which you can choose to keep and pay for, or return. 

They give you seven days to return the clothes which I’ve always wondered about as my understanding is that you have 14 days to return things that are sent via online shopping.

I have had a family crisis this week that I don’t want to go into but it’s meant I’m five days late returning the box of unwanted clothes. This evening I’ve received an email from them saying I’m responsible for buying them all and they’ve taken well over £300 from my card. The email was curt and slightly aggressive, ending in ‘You received your items on 6th May, that's 12 days ago, and five days past the returns window. I see you've unsubscribed, which we would've suggested you might like to do anyway, as this service may not be right for you.’ 

On top of everything I’m already dealing with this has left me in floods of tears and stress. I do not want to be paying over £300 for clothes I don’t want and find their approach overly aggressive and devoid of all customer service. After five days you’d expect at least a reminder or final reminder, not a frankly personal nasty email and full payment. 

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

I’m so distressed. 

the_lunatic_is_in_my_head

Their terms talk about your right to cancel the subscription within 14 days but not the goods which instead have 7 days.

I think it’s a service and goods and you’d be entitled to cancel the goods with the usual 14 days cancellation period but it might be worth having a Google for some guidance on the topic.

pinkshoes

As their T&Cs state:

6 AT-HOME TRY ON OF THE GOODS We will send you Goods in your Style Box that we have selected based on the results of your Style Quiz. Please try on the Goods as soon as possible when received. You have a free 7-day home trial of the Goods from the date the Style Box is delivered to you (the “Home Try-On Period”). It is your choice to keep some, all or none of the Goods.

I would state back to them that as you were away, the goods were not delivered to you until X date, and you are now returning the goods within 7 days of them being delivered to YOU.

shiraz99

pinkshoes said:

As their T&Cs state:

6 AT-HOME TRY ON OF THE GOODS We will send you Goods in your Style Box that we have selected based on the results of your Style Quiz. Please try on the Goods as soon as possible when received. You have a free 7-day home trial of the Goods from the date the Style Box is delivered to you (the “Home Try-On Period”). It is your choice to keep some, all or none of the Goods.

I would state back to them that as you were away, the goods were not delivered to you until X date, and you are now returning the goods within 7 days of them being delivered to YOU.

Where has the OP indicated that they were away when the goods were delivered, or attempted to be delivered.

Sandtree

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

CKhalvashi

Sandtree said:

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

The issue with this may be that the order counts as 'personalised', especially if certain questions have been asked before anything is sent out. I assume quite possibly in this type of scenario that questions regarding size have been asked.

As someone who spends a few hours every few months in Eastern European second hand shops, I'd also question what you've got for your £300 as that would buy a lot in terms of clothes. If there's anything designer there it may be worth such a subscription, but if not that seems an awfully expensive, inefficient and not good for the environment way of purchasing used clothing.

I do agree that the service isn't brilliant, but also, subject to the above, don't see an issue legally with what this company has done.

shiraz99

Sandtree said:

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

Even if it were a sales contract rather than a service, and I'm not sure it is, as it's a regular delivery of goods over a set period, the 14 days cancellation period ends after the first item(s) are delivered.

CCRs Section 30.6 state: "If the contract is a sales contract for regular delivery of goods during a defined period of more than one day, the cancellation period ends at the end of 14 days after the day on which the first of the goods come into the physical possession of".

the_lunatic_is_in_my_head

CKhalvashi said:

Sandtree said:

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

The issue with this may be that the order counts as 'personalised', especially if certain questions have been asked before anything is sent out. I assume quite possibly in this type of scenario that questions regarding size have been asked.

As someone who spends a few hours every few months in Eastern European second hand shops, I'd also question what you've got for your £300 as that would buy a lot in terms of clothes. If there's anything designer there it may be worth such a subscription, but if not that seems an awfully expensive, inefficient and not good for the environment way of purchasing used clothing.

I do agree that the service isn't brilliant, but also, subject to the above, don't see an issue legally with what this company has done.

I don’t think the goods have been made to the consumer’s specifications (and they aren’t personalised), the trader is is simply selecting stock they have to suit the consumer’s size and style rather than actually making anything. 

Sandtree

CKhalvashi said:

Sandtree said:

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

The issue with this may be that the order counts as 'personalised', especially if certain questions have been asked before anything is sent out. I assume quite possibly in this type of scenario that questions regarding size have been asked.

As someone who spends a few hours every few months in Eastern European second hand shops, I'd also question what you've got for your £300 as that would buy a lot in terms of clothes. If there's anything designer there it may be worth such a subscription, but if not that seems an awfully expensive, inefficient and not good for the environment way of purchasing used clothing.

I would highly question putting a selection of stuff in a box is "personalised"... my understanding of the "spirit" of the law is the fact that if a pen has "CKhalvashi" engraved on it as personalisation then its going to be very hard for the retailer to resell it at full price. I would be highly surprised if they are buying to order given all goods can be returned but instead would suggest they are just picking from a warehouse.

As to pricing... it really depends what sort of "secondhand" it is... there are plenty of "curated" secondhand stores in east London, Paris etc which aren't selling true designer brands but 1980's Nike trainers are £400, 1970s Levis jeans for €200, 1950's Levis for €600 https://www.levifparis.com/?category=Pants+&+Jeans

shiraz99 said:

Sandtree said:

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

Even if it were a sales contract rather than a service, and I'm not sure it is, as it's a regular delivery of goods over a set period, the 14 days cancellation period ends after the first item(s) are delivered.

CCRs Section 30.6 state: "If the contract is a sales contract for regular delivery of goods during a defined period of more than one day, the cancellation period ends at the end of 14 days after the day on which the first of the goods come into the physical possession of".

Was just trying to point out one avenue of possible getup clause.

30.6 would make sense if you had signed up to something like 1 box of ink cartridges for your printer every 2 months... the goods are identical each time and so your chance to inspect for change of mind goes after the first delivery. Here though the goods received each time are different and whilst the first box may be great the second one could be full of dross.

jon81uk

Sounds like the 14 days would begin for the subscription, not for each box. Once you've had the first one you are continuing to receive a subscription, not purchasing goods.

CKhalvashi

the_lunatic_is_in_my_head said:

CKhalvashi said:

Sandtree said:

Have you actually spoken to them? Nothing in your original posts suggests you have

alex207 said:

My question is - can a company’s return policy override the statutory 14-day returns right for unseen goods via the internet? 

In most cases you have 14 days to advise the company to cancel your order from the date of receipt of the goods and T&Cs cannot override this. For a service you have 14 days from placing the order to cancel.

The problem is going to be defining what you have with this company... on the one hand it looks a lot like a service because they are sending you a curated box of items to choose from however it involves physical goods, potentially, as well. Assuming they resist your attempts to return they presumably will argue that they have a service contract with you and as such the cooling off period has ended.  

The issue with this may be that the order counts as 'personalised', especially if certain questions have been asked before anything is sent out. I assume quite possibly in this type of scenario that questions regarding size have been asked.

As someone who spends a few hours every few months in Eastern European second hand shops, I'd also question what you've got for your £300 as that would buy a lot in terms of clothes. If there's anything designer there it may be worth such a subscription, but if not that seems an awfully expensive, inefficient and not good for the environment way of purchasing used clothing.

I do agree that the service isn't brilliant, but also, subject to the above, don't see an issue legally with what this company has done.

I don’t think the goods have been made to the consumer’s specifications (and they aren’t personalised), the trader is is simply selecting stock they have to suit the consumer’s size and style rather than actually making anything. 

Would it not potentially be the case though where the box is a single supply, not a supply of multiple personalised products. It definitely is not within the spirit of the law, but may be within it.

I will check the exact wording of the legislation shortly as you have put doubts in my mind on this.

jon81uk said:

Sounds like the 14 days would begin for the subscription, not for each box. Once you've had the first one you are continuing to receive a subscription, not purchasing goods.

That is another interesting point, again I'm not 100% sure on this, so will check.