Underwear returns

RajaStyle

Hi All

I bought a 12 pack of boxers from crosshatch for £26 but they have no opening at the front and the large size seems a bit small for a large more like a medium.

Without getting technical about underwear I've never come across boxers that have no opening at the front and most websites don't state that they do as its normal.  Crosshatch website didn't state it did. 

Anyway now I have £26 worth of boxers that are no good to me.  Crosshatch have simply said no returns on underwear.

Anyone know what my legal rights are?

Thanks in Advance 

RajaStyle

https://www.crosshatchclothing.com/products/dozenth-boxers-12pk?variant=37509249007776

eskbanker

You have the right to cancel and return an online purchase within 14 days, without needing to give a reason, and their policy on returning underwear doesn't override that statutory right.

Edit: having said that, these cancellation rights don't apply "in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery", which the supplier may try to rely on if there was a seal involved?

Based on what you say about sizing and lack of opening, it doesn't sound like you have a case for rejecting them as faulty/not as described, etc....

DullGreyGuy

eskbanker said:

You have the right to cancel and return an online purchase within 14 days, without needing to give a reason, and their policy on returning underwear doesn't override that statutory right.

However, there is an exception for "intimate items" such as underwear but only where there is a hygiene seal and the seal has been removed/broken  (see CCR 28(3)(a))

Were the boxers delivered in sealed packaging?

eskbanker

DullGreyGuy said:

eskbanker said:

You have the right to cancel and return an online purchase within 14 days, without needing to give a reason, and their policy on returning underwear doesn't override that statutory right.

However, there is an exception for "intimate items" such as underwear but only where there is a hygiene seal and the seal has been removed/broken  (see CCR 28(3)(a))

Were the boxers delivered in sealed packaging?

I was editing as you typed that!

Manxman_in_exile

DullGreyGuy said:

eskbanker said:

You have the right to cancel and return an online purchase within 14 days, without needing to give a reason, and their policy on returning underwear doesn't override that statutory right.

However, there is an exception for "intimate items" such as underwear but only where there is a hygiene seal and the seal has been removed/broken  (see CCR 28(3)(a))

Were the boxers delivered in sealed packaging?

And I think for these purposes the word "sealed" means whether or not the goods are packaged in such a way as to preserve their cleanliness or hygienic quality.  [Edit:  With reference to stautory right to cancel under The Consumer Contracts etc Regulations, not M&S own returns policy]

M&S underwear, for instance, is merely folded over and into some pieces of cardboard packaging which obviously does not protect the items and cannot have been intended (or be expected) to maintain their cleanliness or hygiene.

I have no idea how the boxer shorts purchased by the OP were packaged.

NBLondon

RajaStyle said:

https://www.crosshatchclothing.com/products/dozenth-boxers-12pk?variant=37509249007776

Not as described might not fly - but arguably the name of the product is misleading - those are trunks rather than boxers and not having a fly opening is quite normal for that style.  The image suggests they don't.  

There's a link to a size chart telling you that a Large "boxer" is 36-38 inches (waist size I presume) and that IMHO is reasonable.  Have you checked the actual sizing is correct?    Trunks are designed to be closer fitting than boxers.

eskbanker

NBLondon said:
Not as described might not fly

Or, to put it another way, is no fly not as described?

RajaStyle

DullGreyGuy said:

eskbanker said:

You have the right to cancel and return an online purchase within 14 days, without needing to give a reason, and their policy on returning underwear doesn't override that statutory right.

However, there is an exception for "intimate items" such as underwear but only where there is a hygiene seal and the seal has been removed/broken  (see CCR 28(3)(a))

Were the boxers delivered in sealed packaging?

They came in the box shown on the Web link posted above with sellotape pieces over the sides to keep the box shut which I had to cut to open the box.  The boxers themselves are just folded with no hygiene seals if that makes sense.

Thanks for the replies, so the thinking is I have no rights of return? 

Pollycat

NBLondon said:

RajaStyle said:

https://www.crosshatchclothing.com/products/dozenth-boxers-12pk?variant=37509249007776

Not as described might not fly - but arguably the name of the product is misleading - those are trunks rather than boxers and not having a fly opening is quite normal for that style.  The image suggests they don't.  

There's a link to a size chart telling you that a Large "boxer" is 36-38 inches (waist size I presume) and that IMHO is reasonable.  Have you checked the actual sizing is correct?    Trunks are designed to be closer fitting than boxers.

I thought trunks had an opening but hipsters don't.
Both hipsters and trunks fit relatively snuggly.
Boxers are looser.

the_lunatic_is_in_my_head

The regs say the following is exempt:

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

There’s no mention of the type of seal, hygienic or otherwise, simply that the goods were sealed, became unsealed after delivery and the goods themselves are not suitable for return due to their nature.

I would say the box the OP received was sealed. 

The companies return policy is poorly displayed, it implies the right of cancellation is linked to the condition of the goods and that underwear is always exempt neither of which is correct. 

I highly doubt they provided the OP with the correct durable information. 

£62 probably isn’t enough for small claims, (crazy price for boxers though), don’t know how far OP would get with a chargeback if they returned the goods claiming they weren’t as described (possibly not far if the retailer defends the claim).