'No refunds on final sale' and Distance Selling regulations

Flipjango

I'm looking at buying something online and fall between sizes. The item says 'no refunds on final sale'. But obviously the distance selling regulations give me 14 days to inform a company that I wish to return something. Can a company get around the distance selling regs by stating 'no refunds'? Or do I still have the right to return? Thanks

screech_78

If they’re a UK company, then no. They can’t. 

Getting them to actually comply with that though is a different story. 

GrumpyDil

What's the website address as we have seen a number of cases recently where people assume they are dealing with a UK company and they aren't. 

Flipjango

everlane.com

theoretica

Flipjango said:

everlane.com

"These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions."

Alderbank

Consumer law is different in the State of California.
By default, all purchases have a 30 day right to return unless the seller makes any restrictions clear at the point of sale.
So by telling you 'no refunds on final sale' they are exercising their right to exclude this category of goods from the 30 day right to return.

screech_78

So, in that case, yes they can. The laws which are applicable are those in which the company falls under, unless otherwise stated. 

Surely you can purchase clothes from a UK store? 

Flipjango

Well, the specific thing I wanted I haven't seen anywhere else, so no, not really. 

bris

Being California you obviously don't have 14 day cooling off rights.

Also you would need to spend a few quid posting it back and hoping it gets there.

Don't forget the customs charges too, you need to factor in the bill who ever ships it sends you..

Pollycat

Flipjango said:

Well, the specific thing I wanted I haven't seen anywhere else, so no, not really. 

Well, at least you now now your rights if you decide to still go ahead and order.

Manxman_in_exile

There was a thread on here a couple of years ago about whether a s75 claim would still be applicable to purchases from abroad when the relevant consumer law (if any) would be different from that in the UK.

Apparently there is a court decision that s75 does still apply to purchases from abroad.  So if you decide to go ahead you might still be able to enforce your statutory right to cancel under The Consumer Contract Regs if you pay by credit card and it's over £100.

(I'll see if I can find the thread.  The info was posted by @born_again I think...)