Faulty underwear - can I return the whole item?

X2567843

I ordered a pack of 7 men’s boxer shorts. 

Two of the boxers had faulty stitching.  

I’ve tried to return the whole pack of 7 and the company are saying I can only return the 2 faulty pairs and they’ll refund the 2 pairs. 

This item is a gift so I cannot give the person 5 pairs and have 2 pairs missing.  
I understand that underwear is non returnable but when it’s faulty surely this doesn’t affect my statutory rights?  Surely I cannot give someone half a gift??
Where do I stand legally with being able to return the whole pack to get a full refund?
Any help will be gratefully received. 

Thank you. 

Brie

Are they still unused and in the packaging?  If so they should have no issue with them being returned. No different than if they had sent you the wrong size or colour. 

I know I have had a similar thing happen with M&S where I opened the package and discovered that 2 of the 4 had very badly finished seams which I know from experience will slice my skin.  M&S were happy to refund for the 2 pair (so half the cost of the pack) but obviously this is not the same as your situation.  

eskbanker

Brie said:

I know I have had a similar thing happen with M&S where I opened the package and discovered that 2 of the 4 had very badly finished seams which I know from experience will slice my skin.  M&S were happy to refund for the 2 pair (so half the cost of the pack) but obviously this is not the same as your situation.  

Seems to me that this is very much the same as OP's situation, where a partial refund is offered but not welcomed?

Brie

eskbanker said:

Brie said:

I know I have had a similar thing happen with M&S where I opened the package and discovered that 2 of the 4 had very badly finished seams which I know from experience will slice my skin.  M&S were happy to refund for the 2 pair (so half the cost of the pack) but obviously this is not the same as your situation.  

Seems to me that this is very much the same as OP's situation, where a partial refund is offered but not welcomed?

Not the same in that I didn't seek a refund for the entire pack.  I actually asked if I could have the 2 pairs replaced with 2 that weren't faulty and was told it was easier to refund and I could buy more when I needed them.  

Which occurs to me may be the solution for the OP.  Maybe ask that the 2 faulty ones are replaced?

X2567843

The packaging is now ruined.  It was a birthday present.  I had to go out and buy something else as I felt so guilty that 2 of the pairs were faulty.  It’s too late now as the birthday has passed so I would like to return the whole pack. 

It’s different if the boxers were not a gift and just bought for everyday use.  They’re no good to me now as I’ve purchased something else instead. 

Can they actually do this?  And not allow me to return the whole pack for a full refund? 

screech_78

X2567843 said:

The packaging is now ruined.  It was a birthday present.  I had to go out and buy something else as I felt so guilty that 2 of the pairs were faulty.  It’s too late now as the birthday has passed so I would like to return the whole pack. 

It’s different if the boxers were not a gift and just bought for everyday use.  They’re no good to me now as I’ve purchased something else instead. 

Can they actually do this?  And not allow me to return the whole pack for a full refund? 

I would say no. If they were bought as a set, then you can reject the whole pack. However, actually exercising your rights is a different ball game. 

the_lunatic_is_in_my_head

Yes of course you can return the whole pack of 7! Their suggestion you can't is nonsense. 

Advise them you are exercising the short term right to reject, send them back and do a chargeback with your card provider if they don't refund in full.

Hopefully they'll be giving you a pre-paid tracked label for return?

eskbanker

screech_78 said:
However, actually exercising your rights is a different ball game. 

Nice turn of phrase in the circumstances....

screech_78

eskbanker said:

screech_78 said:
However, actually exercising your rights is a different ball game. 

Nice turn of phrase in the circumstances....

Genuinely wasn’t intending the pun 🙈😂

Okell

The explanatory note to s21 of the Consumer Rights Act 2015 (legislation.gov.uk) appears to say that if some of the goods do not conform to contract, then the consumer is free to reject either only those that do not conform, or all of them.

The actual wording of note 122 is as follows:

"Section 21: Partial rejection of goods

122.  This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

• reject all of the goods (conforming and non-conforming);  [my bold for emphasis]

• reject all of the non-conforming goods (but none of the conforming goods); or

• reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods)."

My understanding of that is that the OP can reject all of the pants, not just the ones with faulty stitiching.

However....  I'm not sure that note 122 is in agreement with the actual wording of s21 itself...

What do others think?

the_lunatic_is_in_my_head

Okell said:

The explanatory note to s21 of the Consumer Rights Act 2015 (legislation.gov.uk) appears to say that if some of the goods do not conform to contract, then the consumer is free to reject either only those that do not conform, or all of them.

The actual wording of note 122 is as follows:

"Section 21: Partial rejection of goods

122.  This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

• reject all of the goods (conforming and non-conforming);  [my bold for emphasis]

• reject all of the non-conforming goods (but none of the conforming goods); or

• reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods)."

My understanding of that is that the OP can reject all of the pants, not just the ones with faulty stitiching.

However....  I'm not sure that note 122 is in agreement with the actual wording of s21 itself...

What do others think?

That's all correct, the bit in S21 itself would be:

If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—

(a)may

Even if it was 7 separate packs, a pair of shoes and some magic beans, if they were all ordered under the same contract all the goods could be rejected because one did not conform.

Edited to add: I don't think you could reject just 2 pairs anyway if you wanted to. The goods are a single pack rather than 7 separate items.