No refunds on sale items purchased online

Anitathepeach

Is this legal? Purchased two pairs of leggings online, from a large and established yoga clothing company; £120 but used a jubilee discount code so paid £90 odd plus £5 shipping. The items are still for sale on their website at full price.  Even though my refund request was within the 14 day cooling off period they have flat refused saying no refunds on sale items! My research has led me to believe this is not correct. I complained initially that their policy was extremely unfair and still told no refunds. Exchange or credit note only. Am I right that I am entitled to a full refund plus shipping costs regardless of sale items, as long as purchased online and request refund in 14 days of delivery? 

Sandtree

Assuming they are a UK based company then you have a statutory right to reject items ordered online for any reason as long as they aren't customised/bespoke or certain perishable items. 

Alderbank

What is this 'large and established yoga clothing company'?

Which country are they registered in?

jon81uk

Complaining that it is "unfair" is meaniningless.

Complain that they are not meeting their obligations in the consumer rights act regarding your right to cancel.
You need to tell them within 14 days of delivery you wish to cancel and then return within a further 14 days. You may need to pay the postage to them, but the postage for items to you should be reimbursed.

Manxman_in_exile

@Anitathepeach -  the law you need to quote to them is in sections 29 - 35 here: 

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

In particular you need to know:

s29  -  the right to cancel

s32  -  how to exercise the right to cancel

s34  -  reimbursement by the trader

Nowhere does the law say it doesn't apply to sale goods.

(That's assuming you have bought online from a UK trader and that UK law applies to the contrcat)

Anitathepeach

Alderbank said:

What is this 'large and established yoga clothing company'?

Which country are they registered in?

Yes the UK, do you want the name of the company? I purchased goods from them some 10 years ago so they’ve been going a while! 

user1977

Anitathepeach said:

Alderbank said:

What is this 'large and established yoga clothing company'?

Which country are they registered in?

Yes the UK, do you want the name of the company?

There's no reason not to tell us. Often people here are mistaken when they think they're dealing with a UK company.

Anitathepeach

Manxman_in_exile said:

@Anitathepeach -  the law you need to quote to them is in sections 29 - 35 here: 

In particular you need to know:

s29  -  the right to cancel

s32  -  how to exercise the right to cancel

s34  -  reimbursement by the trader

Nowhere does the law say it doesn't apply to sale goods.

(That's assuming you have bought online from a UK trader and that UK law applies to the contrcat)

This is super helpful! Thank you. Grrrr… it’s so frustrating having to waste time explaining this to them but I’ll send an email tonight and update the post with the outcome. 

Thanks again! 

Manxman_in_exile

Anitathepeach said:

Manxman_in_exile said:

@Anitathepeach -  the law you need to quote to them is in sections 29 - 35 here: 

In particular you need to know:

s29  -  the right to cancel

s32  -  how to exercise the right to cancel

s34  -  reimbursement by the trader

Nowhere does the law say it doesn't apply to sale goods.

(That's assuming you have bought online from a UK trader and that UK law applies to the contrcat)

This is super helpful! Thank you. Grrrr… it’s so frustrating having to waste time explaining this to them but I’ll send an email tonight and update the post with the outcome. 

Thanks again! 

What I think sometimes happens is that unless you clearly specify and tell them that you are cancelling the order under the legislation I quoted, then they fall* into the default position that you must be returning for a refund under their own returns policy, and these will often exclude sales items.

I think it helps if you spell it out clearly to them from the outset that you are exercising your statutory consumer right to cancel and get a refund, and the law does not exclude sale items.

* Or perhaps I'm being too generous and they are deliberately trying to mislead you...

Anitathepeach

user1977 said:

Anitathepeach said:

Alderbank said:

What is this 'large and established yoga clothing company'?

Which country are they registered in?

Yes the UK, do you want the name of the company?

There's no reason not to tell us. Often people here are mistaken when they think they're dealing with a UK company.

Ah interesting. The company is called CarrotBananaPeach. Their about us section suggests they are UK. How do I check if definitely UK? 

Anitathepeach

Manxman_in_exile said:

Anitathepeach said:

Manxman_in_exile said:

@Anitathepeach -  the law you need to quote to them is in sections 29 - 35 here: 

In particular you need to know:

s29  -  the right to cancel

s32  -  how to exercise the right to cancel

s34  -  reimbursement by the trader

Nowhere does the law say it doesn't apply to sale goods.

(That's assuming you have bought online from a UK trader and that UK law applies to the contrcat)

This is super helpful! Thank you. Grrrr… it’s so frustrating having to waste time explaining this to them but I’ll send an email tonight and update the post with the outcome. 

Thanks again! 

What I think sometimes happens is that unless you clearly specify and tell them that you are cancelling the order under the legislation I quoted, then they fall* into the default position that you must be returning for a refund under their own returns policy, and these will often exclude sales items.

I think it helps if you spell it out clearly to them from the outset that you are exercising your statutory consumer right to cancel and get a refund, and the law does not exclude sale items.

* Or perhaps I'm being too generous and they are deliberately trying to mislead you...

I am starting to wonder if they are trying to pull a fast one. My email will very clearly state my rights. 👍 Thanks!