Can’t return or exchange a sale item?

callie72

My daughter bought from an online clothes store, she ordered her normal size and the outfit sent is way off normal sizing and doesn’t fit. She has been told because it’s a sale item she cannot have a refund or exchange. Can anyone advise if this is correct. 

The store did have this statement which my daughter obviously didn’t read 🙄 and it wasn’t a cheap item 😩

SALE ITEMS

All sale items are NON REFUNDABLE and they are NOT EXCHANGEABLE. This information is laid out in our terms and conditions on our website and also detailed in our return policy. This should always be read before purchasing. Any item received at our warehouse which has been bought through a sale will be returned back to the customer. 

born_again

Which website?

Peter999_2

They are wrong, see here : https://www.moneysavingexpert.com/news/2018/12/revealed--many-major-stores--online-sale-return-rights-are-wrong/

Was this GYPSABELLA by chance?    

callie72

Yes is is Gypsabella 

Okell

They are wrong.

Regulations 27 - 35 in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) gives the consumer the right to cancel a distance sale within 14 days of receipt of the goods.  The regulations explain how to exercise the right - basically your daughter needs to clearly tell them that she is exercising her statutory right to cancel the purchase under the above regulations.

The regulations also list items excluded from the right to cancel.  The regulations do not say that you cannot return sale items, therefore you can.

DullGreyGuy

callie72 said:

My daughter bought from an online clothes store, she ordered her normal size and the outfit sent is way off normal sizing and doesn’t fit. She has been told because it’s a sale item she cannot have a refund or exchange. Can anyone advise if this is correct. 

They are not based in the UK.

It's better than some sites but there are a large number of warning signs if you know what you are looking for. 

If they were based in the UK they wouldnt be able to prevent returns on sale items however you will find there is no meaningful company here, if you ask to return the items you'll have to send them to China or such and the chances of ever getting a tracked delivery is next to none.

RefluentBeans

DullGreyGuy said:

callie72 said:

My daughter bought from an online clothes store, she ordered her normal size and the outfit sent is way off normal sizing and doesn’t fit. She has been told because it’s a sale item she cannot have a refund or exchange. Can anyone advise if this is correct. 

They are not based in the UK.

It's better than some sites but there are a large number of warning signs if you know what you are looking for. 

If they were based in the UK they wouldnt be able to prevent returns on sale items however you will find there is no meaningful company here, if you ask to return the items you'll have to send them to China or such and the chances of ever getting a tracked delivery is next to none.

I’m not sure how you can say they’re not based in UK - they operate from a UK address, have a UK company registered, have a UK returns address. 

I cant see where they say they’re not a UK company, and as all the addresses (and registered in the UK) I fail to see how they are able to skirt the distance selling regulations. 

RefluentBeans

Okell said:

They are wrong.

Regulations 27 - 35 in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) gives the consumer the right to cancel a distance sale within 14 days of receipt of the goods.  The regulations explain how to exercise the right - basically your daughter needs to clearly tell them that she is exercising her statutory right to cancel the purchase under the above regulations.

The regulations also list items excluded from the right to cancel.  The regulations do not say that you cannot return sale items, therefore you can.

Agree with this entirely. They seem to be making up their own rules. If they refuse, remind them of the statuary rights and If they don’t budge on the return, initiate a chargeback if possible or raise a dispute if paid via PayPal. 

Company seems very sketchy. Especially with the classing any discount code as non-returnable. I’d also report them to trading standards for that.

Okell

DullGreyGuy said:

callie72 said:

My daughter bought from an online clothes store, she ordered her normal size and the outfit sent is way off normal sizing and doesn’t fit. She has been told because it’s a sale item she cannot have a refund or exchange. Can anyone advise if this is correct. 

(1) They are not based in the UK.

(2) It's better than some sites but there are a large number of warning signs if you know what you are looking for. 

Bold numbers in ( ) added to the quote by me to clarify my reponse:

(1) I'm not saying you are wrong, but where does it say they aren't based in the UK?  It gives a return address in Liverpool?  I may have missed it - and apologies if I have -  but where does it say they aren't in the UK?

(2) Might be helpful to lots of visitors to the forum if you could list the warning signs rather that just say they are there... (?)
 

the_lunatic_is_in_my_head

Okell said:

DullGreyGuy said:

callie72 said:

My daughter bought from an online clothes store, she ordered her normal size and the outfit sent is way off normal sizing and doesn’t fit. She has been told because it’s a sale item she cannot have a refund or exchange. Can anyone advise if this is correct. 

(1) They are not based in the UK.

(2) It's better than some sites but there are a large number of warning signs if you know what you are looking for. 

Bold numbers in ( ) added to the quote by me to clarify my reponse:

(1) I'm not saying you are wrong, but where does it say they aren't based in the UK?  It gives a return address in Liverpool?  I may have missed it - and apologies if I have -  but where does it say they aren't in the UK?

(2) Might be helpful to lots of visitors to the forum if you could list the warning signs rather that just say they are there... (?)
 

I agree they appear to be a UK company, they have a click and collect address in Liverpool and their Privacy Policy mentions GYPSABELLA OFFICIAL LTD.

If you Google the Director's name there's a result for Instagram and related accounts shown include one for Gypsabella.

Main thing that's missing from that site is a T&Cs link. Any website telling you sale items are excluded from the right of cancellation is either not based in the UK or breaking the law. Often companies have their own policy (e.g extended 30/60/etc day returns) which can impose such restrictions but all sites belonging to UK businesses should be detailing your right to cancel the contract somewhere (usually T&Cs page). 

OP how much is the order that your daughter wants to return? 

sheramber

A company is required to display its registered number on its website