Returning "Non Returnable" T-Shirts.

kaMelo

I'd just like some opinions on what to do here. I'm a bit late to the party but this is where I'm at.

My youngest purchased some T-Shirts online marketed as a "mystery box" Basically they're an assortment of vintage T-Shirts that have been acid washed, the mystery being you don't know what brand of T-Shirt you're going to get.

On the sales page is the statement "OUR MYSTERY BOXES HAVE A STRICT NO RETURN POLICY."

The T-Shirts came and whilst happy with the look the size is simply too small, fitting more like a lycra top than a T-Shirt. As there was no returns slip in the parcel they contacted the company to ask how to return them, got the information and returned the parcel. Fast forward ten days and they receive an email stating "Sorry but mystery boxes are not strictly no returns" I'm paraphrasing it here, it's not nasty or anything like that but basically that's their response. A couple of days later the parcel of T-Shirts turns up again. 
This is the point when they came to me and asked what they could do.

I've always believed, bar a few specifics such as personalised items etc. anthing sold by a business online has to have a return option as you simply haven't seen the product you're buying, only a picture. These T-Shirts, whilst customised in the sense of acid washed, are not personalised as you don't even know what you're getting until you get them.

I'm thinking of just stating my rights under the CCR, but the "OUR MYSTERY BOXES HAVE A STRICT NO RETURN POLICY." on the sales page is throwing me a little. Can they say this and still comply with the CCR? 

As I say, I think I know what to do but not completely sure so I'm open to some guidance/suggestions as to the best way forward.

user1977

Can you give us a link to their website?

kaMelo

Sorry, I've been here long enough to know I should have included that at the least.

https://97thvintage.com/products/t-shirt-acid-wash-mystery-box

That's the actual item bought, pack of five T-Shirts.

Alderbank

When did they first receive the shirts? There is a short-term right to reject for a full refund but the buyer must make clear that is the reason for returning them.

Were they advertised as being a particular size? If so they are 'faulty' because they are not as described and your youngest is entitled to a replacement box containing shirts that are the correct size.

Both of these are statutory rights under the Consumer Rights Act 2015 and cannot be taken away by their T&Cs

elsien

Their returns policy says you can return?

https://97thvintage.com/pages/returns

What timescale were they sent back in? 

Ms_Chocaholic

elsien said:

Their returns policy says you can return?

https://97thvintage.com/pages/returns

What timescale were they sent back in? 

The company state strictly no returns on the mystery box page

https://97thvintage.com/products/custom-reworked-mystery-box

OUR MYSTERY BOXES HAVE A STRICT NO RETURN POLICY.

FeaturelessVoid

https://find-and-update.company-information.service.gov.uk/company/11912308

An immediate problem

Registered office address

57a Broadway, Leigh On Sea, Essex, England, SS9 1PE

Not quite the same address as on the 9thvintag3e website...

Unit 53b
Thames Industrial Park
Princess Margaret Road
East Tilbury
Essex
RM18 8RH 
United Kingdom

Good luck suing a 25-year-old with no assets though.

I suspect Jordan Kieren Weller is already using your money up the wall.

kaMelo

Thanks guys, in answer to some questions;

The timeline is as follows:

Ordered around 4th April and received 8th April
Emailed about returns 12th April
Returned, tracking shows they received it back 21st April
Email received 2nd May about mystery boxes being non returnable.
Parcel delivered again 9th May.

You choose a size for the t-shirts in the package, small/medium/large etc. 


Oh, and thanks for that positive input @FeaturelessVoid

CardinalWolsey

FeaturelessVoid said:

https://find-and-update.company-information.service.gov.uk/company/11912308

An immediate problem

Registered office address

57a Broadway, Leigh On Sea, Essex, England, SS9 1PE

Not quite the same address as on the 9thvintag3e website...

Unit 53b
Thames Industrial Park
Princess Margaret Road
East Tilbury
Essex
RM18 8RH 
United Kingdom

Good luck suing a 25-year-old with no assets though.

I suspect Jordan Kieren Weller is already using your money up the wall.

And the problem with the registered office being different from the trading address is...?

Nothing.

Quite often the registered address is the address of the accountants, or the home address of a director - i.e. the address to which documents should be served.

However, that doesn't remove the fact that implied terms within T&Cs cannot override your statutory rights.

shiraz99

FeaturelessVoid said:

https://find-and-update.company-information.service.gov.uk/company/11912308

An immediate problem

Registered office address

57a Broadway, Leigh On Sea, Essex, England, SS9 1PE

Not quite the same address as on the 9thvintag3e website...

Unit 53b
Thames Industrial Park
Princess Margaret Road
East Tilbury
Essex
RM18 8RH 
United Kingdom

Good luck suing a 25-year-old with no assets though.

I suspect Jordan Kieren Weller is already using your money up the wall.

There's nothing wrong or unusual about that. My registered and trading addresses are different.

Ditzy_Mitzy

From what I know of the regulations, it would seem that 97th Vintage's 'non-returns' policy is not enforceable.  It's an ordinary distance sale at the end of the day, regardless of their claims about mystery boxes.  When was the firm made aware that you wished to return the T-shirts?