Liliosa lingerie refusing DSR refund?

swj84

Hi 
So I ordered a set of underwear from liliosa. It's unworn as no way it will fit. Irrelevant really, but I've emailed to cancel the contract of sale under DSR, asked for a refund and they are stating their policies is only for credit note. I have sent this link to let them know the legal side 

legislation.gov.uk/uksi/2000/2334/regulation/11/made

What else can I do? Pretty sure I'm correct. 

Any ideas? 

Thank you 

user1977

Is it actually the wrong size they've sent (or wrongly-labelled)? Or is this just your own mistake / change of mind?

Exodi

This is going to sound counter-intuitive, but I think the law is pretty useless in these circumstances.

I suspect this is a front for a company operating out of Asia, and it's not hard to find similar complaints about returns. I'd guess you found out about this company from social media? I can reverse image search the clothing and find it is procured from China.

E.g. the first item in the A/W collection: https://liliosalingerie.com/collections/aw-collection-lingerie/products/dolce-set

Can be found on AliExpress (I couldn't be bothered to search much, but I can guarantee you'll be able to find a listing for under a tenner):

https://www.aliexpress.com/item/1005005767498966.html

This isn't a guarantee that Liliosa Lingerie is based in Asia, but sizing issues are common for Asian businesses, and playing loose with returns is par for the course.

While you can cite whatever legislation you like, it's inevitable if they are based in China they'll eventually just ignore you and you're left with limited options for recourse, except engaging with your card company.

DullGreyGuy

swj84 said:

Hi 
So I ordered a set of underwear from liliosa. It's unworn as no way it will fit. Irrelevant really, but I've emailed to cancel the contract of sale under DSR, asked for a refund and they are stating their policies is only for credit note. I have sent this link to let them know the legal side 

legislation.gov.uk/uksi/2000/2334/regulation/11/made

What else can I do? Pretty sure I'm correct. 

Any ideas? 

The DSR was replaced with the Consumer Contracts Regulations in 2014 so either wrong legislation quoted or the sale is well outside the timescales if bought before 2014 but they also quote the out of date SoGA on their website.

Their old argument was under hygiene reasons but that is covered by 28(3)(a) of the CCR...

(3) The rights conferred by this Part cease to be available in the following circumstances—

(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;

So as long as the items either 1) didnt have a seal or 2) did have a seal and you didnt break it then the carve out doesn't apply and your normal statutory right of return applies for an online order. 

How did you pay for it? If it was by card maybe easier to deal with it as a chargeback than argue the law with a merchant

Pollycat

According to their website:

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Liliosa Lingerie whose trading name is Liliosa Lingerie company registered in England and Wales under number 1330143 whose registered office is at 48 Branksea Avenue ,   Dorset, BH15 4DP  and whose trading address is 48 Branksea Avenue , Dorset, BH15 4DP   with  email address cs@liliosalingerie.com;  (the Supplier or us or we).

Okell

Assuming you are trying to cancel a distance contract and you aren't returning the items because they are faulty, I think you are looking at the wrong regs.

The right to cancel a distance contract is here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

If it's these people Terms Of Service – Liliosa Lingerie they claim to be subject to UK law (para 66), they seem to provide the correct information on your right to cancel, and they also say they will refund you using the same method of payment as you used for the purchase (para 50).

How did you pay?

I'd go back to them and refer them to their own para 50 in T&Cs.

If they aren't really based in the UK then - as others have said - you might not have any easy way of getting your money back.  (Although they claim in para 1 to have a registered office in Dorset).

[BTW, were the items "sealed" when you got them?  I'm a bit surprised that they aren't claiming - perhaps wrongly - that you aren't allowed to cancel under reg 28(3)(a) ]

Exodi

Pollycat said:

According to their website:

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Liliosa Lingerie whose trading name is Liliosa Lingerie company registered in England and Wales under number 1330143 whose registered office is at 48 Branksea Avenue ,   Dorset, BH15 4DP  and whose trading address is 48 Branksea Avenue , Dorset, BH15 4DP   with  email address cs@liliosalingerie.com;  (the Supplier or us or we).

Have you confirmed these details yourself?

I can't see any company registered on companies house under the name 'Liliosa Lingerie' or with the company reg number 1330143?

https://find-and-update.company-information.service.gov.uk/company/1330143

Running a who.is check on the website states the owner has used a privacy service to hide their details - classic hallmark of a scam.

They may not be trading from Asia, could just be regular UK scammers. In any case, I'd suggest pursuing the card issue would be easier.

EDIT: After a bit more research it appears they are not an Asian company (though the company still does not appear to be registered) and a woman called Stephan Wyatt is running the gig.

https://find-and-update.company-information.service.gov.uk/officers/_StSSm43WJAjuba3yM_FAmbcEYE/appointments

https://www.instagram.com/stephwyatt_/?hl=en-gb

https://uk.trustpilot.com/users/64b56d7e7fa2d40012bb7aee

DullGreyGuy

Okell said:

[BTW, were the items "sealed" when you got them?  I'm a bit surprised that they aren't claiming - perhaps wrongly - that you aren't allowed to cancel under reg 28(3)(a) ]

They do, but they say under the Sales of Goods Act you cannot return anything for a refund because of the nature of their products but instead they'll give you a credit note. OP not they appear aware of the CCR

the_lunatic_is_in_my_head

Exodi said:

Pollycat said:

According to their website:

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Liliosa Lingerie whose trading name is Liliosa Lingerie company registered in England and Wales under number 1330143 whose registered office is at 48 Branksea Avenue ,   Dorset, BH15 4DP  and whose trading address is 48 Branksea Avenue , Dorset, BH15 4DP   with  email address cs@liliosalingerie.com;  (the Supplier or us or we).

Have you confirmed these details yourself?

I can't see any company registered on companies house under the name 'Liliosa Lingerie' or with the company reg number 1330143?

https://find-and-update.company-information.service.gov.uk/company/1330143

Running a who.is check on the website states the owner has used a privacy service to hide their details - classic hallmark of a scam.

They may not be trading from Asia, could just be regular UK scammers. In any case, I'd suggest pursuing the card issue would be easier.

EDIT: After a bit more research it appears they are not an Asian company (though the company still does not appear to be registered) and a woman called Stephan Wyatt is running the gig.

https://find-and-update.company-information.service.gov.uk/officers/_StSSm43WJAjuba3yM_FAmbcEYE/appointments

https://www.instagram.com/stephwyatt_/?hl=en-gb

https://uk.trustpilot.com/users/64b56d7e7fa2d40012bb7aee

Seems to have been (at least) 3 people with that surname with companies registered at that address. 

OP you are correct that you can typically return and get a refund but given the above noting the info on their website is odd with regards to company number that doesn't exist it might be hard to enforce other than pestering them.

Have you pointed out the limits of application to them:

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

specifically

(3) The rights conferred by this Part cease to be available in the following circumstances—

(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;

and as above if they weren't sealed, or have remained sealed you have the right to cancel? 

Okell

DullGreyGuy said:

Okell said:

[BTW, were the items "sealed" when you got them?  I'm a bit surprised that they aren't claiming - perhaps wrongly - that you aren't allowed to cancel under reg 28(3)(a) ]

They do, but they say under the Sales of Goods Act you cannot return anything for a refund because of the nature of their products but instead they'll give you a credit note. OP not they appear aware of the CCR

Sorry, but you've lost me there.  I don't understand what you mean.   

screech_78

Okell said:

DullGreyGuy said:

Okell said:

[BTW, were the items "sealed" when you got them?  I'm a bit surprised that they aren't claiming - perhaps wrongly - that you aren't allowed to cancel under reg 28(3)(a) ]

They do, but they say under the Sales of Goods Act you cannot return anything for a refund because of the nature of their products but instead they'll give you a credit note. OP not they appear aware of the CCR

Sorry, but you've lost me there.  I don't understand what you mean.   

The retailer are quoting incorrect legislation; SOGA instead of CCR.