Faulty underwear - can I return the whole item?

Aylesbury_Duck

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 have to ask....  If it was a gift, what prompted you to ruin the packaging and realise that two of the pieces of underwear were faulty?  Not that it changes your rights, but it's intriguing!   I can't imagine the circumstances where I'd buy someone a pack of seven pants, open the packet, ruin it, and check the stitching on all the pants before wrapping them all up again and giving the gift!

eskbanker

Aylesbury_Duck said:

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 have to ask....  If it was a gift, what prompted you to ruin the packaging and realise that two of the pieces of underwear were faulty?  Not that it changes your rights, but it's intriguing!   I can't imagine the circumstances where I'd buy someone a pack of seven pants, open the packet, ruin it, and check the stitching on all the pants before wrapping them all up again and giving the gift!

Presumably the packaging was ripped open by the recipient of the gift?

TELLIT01

I purchased a pair of swim shorts and discovered the inner had been twisted before sewing.  Thankfully noticed before wearing.  I took them back to M&S.  Even the lady on the returns counter winced when she realised what might have been.

Aylesbury_Duck

eskbanker said:

Aylesbury_Duck said:

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 have to ask....  If it was a gift, what prompted you to ruin the packaging and realise that two of the pieces of underwear were faulty?  Not that it changes your rights, but it's intriguing!   I can't imagine the circumstances where I'd buy someone a pack of seven pants, open the packet, ruin it, and check the stitching on all the pants before wrapping them all up again and giving the gift!

Presumably the packaging was ripped open by the recipient of the gift?

Ah, I see.  There were a couple of references to "I can't now give this as a gift", so I assumed it was OP that had opened the packaging.

sheramber

You didnlt ask for a replacement to give as the gift?

Okell

sheramber said:

You didnlt ask for a replacement to give as the gift?

I read the OP as saying that the only option the seller is offering is to refund the two faulty pairs of shorts.  A replacement is not being offered.

(Or maybe the OP is misusing the word "only")

Okell

Aylesbury_Duck said:

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 have to ask....  If it was a gift, what prompted you to ruin the packaging and realise that two of the pieces of underwear were faulty?  Not that it changes your rights, but it's intriguing!   I can't imagine the circumstances where I'd buy someone a pack of seven pants, open the packet, ruin it, and check the stitching on all the pants before wrapping them all up again and giving the gift!

Depends how they're packaged.

If eg you buy men's underpants from M&S they aren't really "packaged" - they are just loosely wrapped around a piece of card and open to examination.

Which of course means you can still cancel and return them under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) as they aren't "sealed" for "health protection and hygiene reasons", despite M&S saying that they can only be returned if the packaging hasn't been damaged.

(I actually bought some underwear online and click and collect from M&S last year.  When I got home and opened the outer plastic bag the cardboard packaging was torn and one pair of briefs missing.  I had to cancel, return and re-order.  M&S customer services were useless to deal with but at least they didn't try to refund me for just the one missing pair!)

sheramber

Okell said:

sheramber said:

You didnlt ask for a replacement to give as the gift?

I read the OP as saying that the only option the seller is offering is to refund the two faulty pairs of shorts.  A replacement is not being offered.

(Or maybe the OP is misusing the word "only")

The OP only mentioned returning them, not asking for an exchange