Distance selling and marked goods

brightonjan

Thanks for your advice. I have raised a dispute with my card company but it may be refused as I have the goods.

 Can anyone direct me to any specific clause anywhere that means that what they state

“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.“

is unenforceable? They are registered in the UK

£48.58 is a lot of money to me.
Thanks again

the_lunatic_is_in_my_head

brightonjan said:

Thanks for your advice. I have raised a dispute with my card company but it may be refused as I have the goods.

 Can anyone direct me to any specific clause anywhere that means that what they state

“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.“

is unenforceable? They are registered in the UK

£48.58 is a lot of money to me.
Thanks again

The exemption is

(a)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;

Their terms don't meet this but £50 is too small to chase via small claims. Pestering them for a refund or sending a letter before action as a bluff is sadly probably the best that can be done. 

You could also lodge a complaint with Citizens Advice, probably not much will happen but if more people did it maybe Trading Standards would start to address some of these incorrect terms that are becoming very common. 

brightonjan

Me again I’m afraid…..  Pl can you advise what the “clause” is from so I can read it in full. The only address I can find is this

• CURVYPOWER LTD

  12990944 - Incorporated on 2 November 2020 

  7 Coronation Dephna House, London, United Kingdom, NW10 7PQ

  Should I write to that one? Is there any special wording to use? 

  Sorry not been “had” like this before gratefully. 

eskbanker

brightonjan said:

Pl can you advise what the “clause” is from so I can read it in full.

It's in section 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Bradden

brightonjan said:

Me again I’m afraid…..  Pl can you advise what the “clause” is from so I can read it in full. The only address I can find is this

• CURVYPOWER LTD

  12990944 - Incorporated on 2 November 2020 

  7 Coronation Dephna House, London, United Kingdom, NW10 7PQ

  Should I write to that one? Is there any special wording to use? 

  Sorry not been “had” like this before gratefully. 

I wouldn't be overly optimistic. it looks likely to be a mailing address only.

sheramber

Bradden said:

brightonjan said:

Me again I’m afraid…..  Pl can you advise what the “clause” is from so I can read it in full. The only address I can find is this

• CURVYPOWER LTD

  12990944 - Incorporated on 2 November 2020 

  7 Coronation Dephna House, London, United Kingdom, NW10 7PQ

  Should I write to that one? Is there any special wording to use? 

  Sorry not been “had” like this before gratefully. 

I wouldn't be overly optimistic. it looks likely to be a mailing address only.

It is the registered office address of the company  which states 

9. Governing Law and Jurisdiction 

Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You and we agree to submit to the jurisdiction of the English courts. Your statutory rights are not affected by these terms and conditions.

Alderbank

sheramber said:

Bradden said:

brightonjan said:

Me again I’m afraid…..  Pl can you advise what the “clause” is from so I can read it in full. The only address I can find is this

• CURVYPOWER LTD

  12990944 - Incorporated on 2 November 2020 

  7 Coronation Dephna House, London, United Kingdom, NW10 7PQ

  Should I write to that one? Is there any special wording to use? 

  Sorry not been “had” like this before gratefully. 

I wouldn't be overly optimistic. it looks likely to be a mailing address only.

It is the registered office address of the company  which states 

9. Governing Law and Jurisdiction 

Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You and we agree to submit to the jurisdiction of the English courts. Your statutory rights are not affected by these terms and conditions.

7 Coronation Road is also the address of more than 700 other companies so I agree is probably a mailing address.
The only person with significant control of Curvypower is Sara ben Daoud. She is listed as Moroccan and resident in Morocco.

Lots of T&Cs of Curvypower are in breach of UK consumer law.

I think the OP would probably win their case in small claims court but I do not think Curvypower would care about a CCJ