Distance selling and marked goods

Manxman_in_exile

CuriousConsumer85 said:

Manxman_in_exile said:

    I don't honestly know if they'd been "tried out" before I received them or not.  You may be aware that gents underwear from M&S can come in packs of 5 packed into a sort of cardboard holder.  When I received this particular package one pair was missing and the remaining four pairs had obviously been removed from the cardboard holder and then put back - very badly.

You should've demanded at least 25% off!

Well.....

Because of ineptitude* on the part of M&S staff they ended up refunding me twice for 2 x 5 pairs of briefs.  When I told them that they'd refunded me twice they told me they couldn't do anything about it. So they didn't cost me anything.

*To be fair to them it ended up an incredibly complicated transaction involving cash and two gift cards, one of which wasn't recognised properly. There were umpteen refunds and corrections and I had to spend about hour checking my card statement to understand what had happened.

tightauldgit

the_lunatic_is_in_my_head said:

tightauldgit said:

the_lunatic_is_in_my_head said:

tightauldgit said:

The business is not necessarily being inconsistent with statutory rights they are just taking a different view from you on what is excessive handling and I do have some sympathy with them on that front.

Yes they are their policy does not comply with the legislation, it's not a case of arguing over diminished value but in fact one of outright denying the right to cancel.

No its not. You have the right to cancel if you return the item in good condition and not (in the opinion of the retailer) excessively handled. 

That's not correct I'm afraid. 

Where it exists the trader can not deny the consumer the right to cancel.

Once the consumer cancels they need to return the goods (or make them available for collection if the trader offered to collect). 

If the consumer diminishes the value through excessive handling a refund may be reduced and that could, if warranted, be 100% meaning the consumer gets nothing back (including the goods because they would be worthless). 

Cancel > return > refund (which may end up being £0.00). The first in this list (cancel) can not be denied. 



However the main point you're missing from this thread is that in this instance the trader can not impose a deduction as their terms do not meet the requirements.  

They WERE cancelled and returned. Where did the retailer deny their right to cancel? 

If you are referring to the 'you can't return sale items clause' then there is no indication that these were sale items or that the retailer was denying the cancellation on that basis. 

the_lunatic_is_in_my_head

tightauldgit said:

the_lunatic_is_in_my_head said:

tightauldgit said:

the_lunatic_is_in_my_head said:

tightauldgit said:

The business is not necessarily being inconsistent with statutory rights they are just taking a different view from you on what is excessive handling and I do have some sympathy with them on that front.

Yes they are their policy does not comply with the legislation, it's not a case of arguing over diminished value but in fact one of outright denying the right to cancel.

No its not. You have the right to cancel if you return the item in good condition and not (in the opinion of the retailer) excessively handled. 

That's not correct I'm afraid. 

Where it exists the trader can not deny the consumer the right to cancel.

Once the consumer cancels they need to return the goods (or make them available for collection if the trader offered to collect). 

If the consumer diminishes the value through excessive handling a refund may be reduced and that could, if warranted, be 100% meaning the consumer gets nothing back (including the goods because they would be worthless). 

Cancel > return > refund (which may end up being £0.00). The first in this list (cancel) can not be denied. 



However the main point you're missing from this thread is that in this instance the trader can not impose a deduction as their terms do not meet the requirements.  

They WERE cancelled and returned. Where did the retailer deny their right to cancel? 

If you are referring to the 'you can't return sale items clause' then there is no indication that these were sale items or that the retailer was denying the cancellation on that basis. 

I was replying to your comment, particularly the part in bold

tightauldgit said

No its not. You have the right to cancel if you return the item in good condition and not (in the opinion of the retailer) excessively handled. 

 which to quote my self

the_lunatic_is_in_my_head said:

That's not correct I'm afraid. 

Regarding the OP I'm not sure what is difficult to understand here, the right to cancel is not linked to the condition of the goods, if the goods are handled excessively the retailer makes a deduction from the refund (rather than sending the goods back without a refund as per the OP's friend) and the handling of the goods is academic in this instance because the retailer lost the right to reduce the refund by having terms that do not comply with the regs so the trader has indeed denied OP's friend the right to cancel by not refunding them in full. 

the_lunatic_is_in_my_head

Manxman_in_exile said:

CuriousConsumer85 said:

Manxman_in_exile said:

    I don't honestly know if they'd been "tried out" before I received them or not.  You may be aware that gents underwear from M&S can come in packs of 5 packed into a sort of cardboard holder.  When I received this particular package one pair was missing and the remaining four pairs had obviously been removed from the cardboard holder and then put back - very badly.

You should've demanded at least 25% off!

Well.....

Because of ineptitude* on the part of M&S staff they ended up refunding me twice for 2 x 5 pairs of briefs.  When I told them that they'd refunded me twice they told me they couldn't do anything about it. So they didn't cost me anything.

*To be fair to them it ended up an incredibly complicated transaction involving cash and two gift cards, one of which wasn't recognised properly. There were umpteen refunds and corrections and I had to spend about hour checking my card statement to understand what had happened.

Can't grumble at free pants, you should shop online more often  

Manxman_in_exile

I hate spending money.

I only bought them because...


... of the two gift vouchers that I'd had to renew twice and because M&S sell nothing else I want to buy.

Manxman_in_exile

With distance sales I frequently forget myself that:

(a) the condition of the goods and/or packaging does not affect the right to cancel, and

(b) that if the trader fails "... to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2... " then the trader cannot reduce any refund to account for "excessive handling".
s34(9) and (11)  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

brightonjan

Please please can you advise on this slightly different problem. I bought 
two Tankini in different colours. They don’t fit too well. I only tried one on. The hygiene strip is still on. 

The sites refund policy states: 

“While we accept returns of most products in their original and re-saleable condition, return of underwear, self adhesives items and swimwear is not possible due to our strict hygiene policy.”

it well hidden in their Ts & Cs

I have tried emailing the company (they have an online form) but no response. Their phone number is unobtainable. The company is registered in England but I suspect the goods come from China? 

There is no address anywhere.

I really would like to return both but if not certainly the unopened, untried on one.

I feel foolish - can anyone help me? 

eskbanker

brightonjan said:

I have tried emailing the company (they have an online form) but no response. Their phone number is unobtainable. The company is registered in England but I suspect the goods come from China? 

There is no address anywhere.

I really would like to return both but if not certainly the unopened, untried on one.

I feel foolish - can anyone help me? 

Any discussion about your rights will be academic if there's no meaningful way of exercising them, so if you share the name of the company, someone may be able to offer some advice about where/how to find them....

the_lunatic_is_in_my_head

brightonjan said:

“While we accept returns of most products in their original and re-saleable condition, return of underwear, self adhesives items and swimwear is not possible due to our strict hygiene policy.”

If they are a UK company that clause doesn't comply with the regs and you can change you mind. 

If as you suspect they are in China there's not much to be done, they might offer a part refund if you politely bug them  

brightonjan

The company are Curvypower

This is what it gives at the bottom of my order confirmation, they accept

VISA

MasterCard

DISCOVER

NETWORK

AMERICAN

EXPRESS

PayPal 

© 2023 CurvyPower. All Rights Reserved |CurvyPower is a brand of CURVYPOWER LTD. Registered in England and Wales No: 12990944 

I paid by debit card is it worth my contacting Santander?

The items were ordered on 10 May ad arrived on 22 May. I don’t want to runout of time for getting a refund.

thanks so much for your help.