Returning "Non Returnable" T-Shirts.

Manxman_in_exile

Grumpy_chap said:

As a distance purchase, the right for return is 14 days for any, or no, reason.  The OP requested the return well within that period...

I know what you mean, but technically the right the consumer has is the right to cancel the contract, and to return the goods to the trader for a full refund. 

s32(1) and (3) of the Act* says the consumer must "inform the trader of the decision to cancel" the order and that this decision can be conveyed to the trader either by (a) using a cancellation form or (b) making "any other clear statement setting out the decision to cancel the contract".

I think that what happens quite often in these "change of mind" disputes is that the consumer has not clearly told the trader that they are cancelling the order as is their statutory right, and that this failure allows the trader to hide behind their own more restrictive returns policy.

If I were in a position where I was making a change of mind "return" I would make it absolutely clear that I was exercising my statutory consumer right to cancel under s29 of the Act* in question, and not just trying to return the goods.

*  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

born_again

Grumpy_chap said:

As a distance purchase, the right for return is 14 days for any, or no, reason.  The OP requested the return well within that period.  I suspect the vendor simply does not know rather than trying to pull a "fast one".  

The website is inconsistent with regard to returns.  For the "mystery box" is does say strict no returns policy but then the returns tab acknowledges the 14 days rules.  Were the items returned with the company tags still in place?
https://97thvintage.com/products/t-shirt-acid-wash-mystery-box

If the OP paid by credit card, then the cc is liable to the same extent as the vendor.  Lodge an S75 claim.

I have to admit to finding the thread bemusing - some of my newest clothes are from the 1970's vintage so I guess I must be coming back in vogue.  I might bundle some up and flog them on - at £50 for two old T-Shirts I'll be able to buy some proper nice stuff on the High Street.

No S75 as under limit. 👍

Even if it was 5, as it is over £100 for a claim.

kaMelo

Just to update the thread.
 
Tried the chargeback route but no dice, to be honest I didn't think it would work for the same reasons @born_again mentioned.
So after 'much discussion' pertaining to the traders "no refunds' statement and how it was not in line with the regulations covering remote sales I've decided to take their offer of a 50% goodwill refund.  Short of issuing a money claim I'm happy this is the best offer I was going to get. Thanks to everyone who posted with information, it was helpful in the "negotiation."

I'm disappointed in myself in accepting it as, on one hand, I know it's not what I should have got nor what I'm entitled to but, on the other hand, sometimes you have to pick your battles and put it down to experience.

Alderbank

Thanks for taking the trouble to come back and update us.

I'm sorry to hear you are only going to get 50% refund.

born_again

Glad you got something in the end. 

Manxman_in_exile

Sometimes you just need to make a decision as to whether it's worth the hassle of pushing a trader or even pursuing a court claim.

50% back is better than nothing, but it does indicate they know they are in the wrong.

Personally I'd still contact CAB and ask them to pass a formal complaint on to Trading Standards* as I suspect the "we don't give refunds" might amount to a criminal offence under the Protection from Unfair Trading Regulations.

*Of course they won't do anything or it'll end up in an argument over whether the OP's TS should do anything or the traders local TS.  But if enough people started directing complaints to TS about these sort of practices then some TS depts might actually do something.

sheramber

Their their website now states they are not accepting any returns after 24 July.