Returning clothes bought online

Lisajh

Hi - would anyone be able to advise me please.  I bought my daughter her school PE Kit from an online store (site selected by the school, so had no choice) it was embroided with the school logo.  I bought the kit as per the size chart but when it was delivered it is too small for her.  I emailed the company asking to return and get a bigger size but they are saying 'Unfortunately we will not be able to accept a return on these products due to our return policy. This states that we can not accept a return on any club shop or personalised items'.  Do I have any rights?  I can't afford to write this kit off and buy another set.  I have asked other parents if they would like to buy it from me so I can order a bigger size.

shiraz99

If it simply has the school badge, which was selected from a standard list of options rather than made to your specific request then I believe they are wrong and you should be able to return it for a full refund under distance selling regulations.

the_lunatic_is_in_my_head

As above picking options isn't classed as personalised. Guidance is here:


https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Contractswithnorighttocancel

Contracts with no right to cancel

There is no right to cancel for the following contracts:

the supply of bespoke goods that are made to the customer's specification or are personalised - for example, a made-to-measure suit or pair of curtains, or a gift that has the recipient's name engraved on it. However, this exemption does not apply to items made to a customer's specification simply by combining stock items - for example, a computer put together from stocked parts or a car ordered from a fixed menu of items

You have ordered two stock items, an item of clothing + piece of material in a set shape/pattern, so I don't view this as personalised but instead it matches the PC example above. 

Just to add the Distance Selling Regulations were replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which now governs your right to cancel   
 

Lisajh

shiraz99 said:

If it simply has the school badge, which was selected from a standard list of options rather than made to your specific request then I believe they are wrong and you should be able to return it for a full refund under distance selling regulations.

Hi - yes it just has the school logo on it.  Thank you so much for replying, very much appreciated.

Lisajh

the_lunatic_is_in_my_head said:

As above picking options isn't classed as personalised. Guidance is here:


https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Contractswithnorighttocancel

Contracts with no right to cancel

There is no right to cancel for the following contracts:

the supply of bespoke goods that are made to the customer's specification or are personalised - for example, a made-to-measure suit or pair of curtains, or a gift that has the recipient's name engraved on it. However, this exemption does not apply to items made to a customer's specification simply by combining stock items - for example, a computer put together from stocked parts or a car ordered from a fixed menu of items

You have ordered two stock items, an item of clothing + piece of material in a set shape/pattern, so I don't view this as personalised but instead it matches the PC example above. 

Thank you very much.

the_lunatic_is_in_my_head

Lisajh said:

the_lunatic_is_in_my_head said:

As above picking options isn't classed as personalised. Guidance is here:


https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Contractswithnorighttocancel

Contracts with no right to cancel

There is no right to cancel for the following contracts:

the supply of bespoke goods that are made to the customer's specification or are personalised - for example, a made-to-measure suit or pair of curtains, or a gift that has the recipient's name engraved on it. However, this exemption does not apply to items made to a customer's specification simply by combining stock items - for example, a computer put together from stocked parts or a car ordered from a fixed menu of items

You have ordered two stock items, an item of clothing + piece of material in a set shape/pattern, so I don't view this as personalised but instead it matches the PC example above. 

Thank you very much.

No trouble at all. Hopefully they will see sense but if not post back for more advice  

shiraz99

the_lunatic_is_in_my_head said:

Just to add the Distance Selling Regulations were replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which now governs your right to cancel   
 

Just to clarify, I didn't say The Distance Selling Regulations 😉

the_lunatic_is_in_my_head

shiraz99 said:

the_lunatic_is_in_my_head said:

Just to add the Distance Selling Regulations were replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which now governs your right to cancel   
 

Just to clarify, I didn't say The Distance Selling Regulations 😉

It's a pretty common mistake on here (mainly from posters looking for help), best to clarify than have the OP sounding like they are quoting out of date legislation thus losing that advantage of displaying that they know what they are taking about when contacting the trader