Online order issue - 'faulty' goods just outside return window

gordon_retundo

I ordered 11 items from an online fashion retailer using BNPL

they have a 28 day returns policy. unfortunately life got in the way and i couldn't try them on in time. By the time I did and contacted them, it was 45 days

the website has a generic size guide, but 9 out of 11 of the items were HUGE - more like XXXL instead of L. It's exceptionally poor control - there's no way these items should be sold at this size

I contacted them for a return, detailing this, and they told me to jog on

the items are clearly not fit for purpose and it's well over £50 wasted

beyond their normal returns policy, given the issue is down to a description fault, do I have any recourse? either with the retailer or the BNPL provider?

TIA

km1500

when ordering online I believe you have a statutory 14 day return period which they seem to have doubled to 28 days so that is quite generous

I don't think there is any particular definition of what L means other than 'large' so you would not have any grounds to return them outside their 28 day period

RefluentBeans

You can claim as faulty as not as described but as it’s over 30 days old the right to reject for a full refund has passed. They can insist on repairing or replacing the products first, and if the fault persists then you’d be able to request a refund after 1 attempted repair/replacement (the retailer can take off money from this refund pro-rata to the expected lifetime of the product). 

This only applies to UK companies, and if international then the rights are where the item was sold from (USA especially has complex rights, but any states give retailers the option to opt of out what we call ‘distance selling’ rights - and make all sales as final). 

As far as I am aware, BNPL is still largely unregulated and not treated as credit and thus there is no added protection from the consumer credit regulations. 

400ixl

Did the site have size charts giving the measurements of each size?

the_lunatic_is_in_my_head

Where did you buy from OP?

gordon_retundo

thanks for the answers so far

it was from boohoo
there's a generic size guide on the website
https://www.boohooman.com/page/size-guide.html

I appreciate there's a certain variance from garment to garment (I have a few tops one size down from this that fit me and others that don't), but I know what a L, XL and above roughly should feel like, and the variance between the two nicely fitting tops which are broadly in what should be the L range and the other 9 is insane - I've compared them to a few of a friend's XXXL and they're about the same, which is why I thought I could have an angle to justify return outside of the window

DullGreyGuy

gordon_retundo said:

I appreciate there's a certain variance from garment to garment 

There can be a massive variance from garment to garment because some things are designed to fit snug and some things are supposed to be baggy. In theory you buy the same size in each and you'll get the look that was intended (naturally you can size up/down to try and achieve a different look from what was intended). 

The problem with this particular site is that it doesn't give the measurements of the individual garments which would make it very easy to demonstrate there was a fault with them. Without that it's very subjective what a "large" is and you are probably best chalking it up to experience. As its over a month now its up to you to prove they are faulty which is normally done by an expert report the cost of which can be recovered if it supports your claim. 

Back in my mail order days however customers clearly just then reordered the item and then returned the originals as unwanted/wrong size. Used to get it all the time when we sold packs that contained black and white knickers/boxers/tshirts etc, customer calls asks for just black, get told we don't sell them, so orders two packs and then mysteriously returns one pack as faulty as it only contained white items.... no prizes for guessing what they'd done.