Gemporia

LIZZIEMAX1

Any advice please? I bought a ring on line and on check out was offered a free re size service. I had the ring resized. At no time did anything come up on the screen to say this invalidated any returns.
The ring wasn’t for me, so I sent it back, they have sent it right back quoting terms and conditions saying they won’t refund me.
The T’s and C’s they have quoted are thus
“12.3.c you must not have altered the Goods- for example, we cannot accept returns of rings that have been re-sized.”
” You” must not! I haven’t!

Do I have any recourse? If not I am over £300 out of pocket. Surely if they are making that offer then they should direct you in plain English if this invalidates any return?

Thank you for any help.

Aylesbury_Duck

LIZZIEMAX1 said:

Any advice please? I bought a ring on line and on check out was offered a free re size service. I had the ring resized. At no time did anything come up on the screen to say this invalidated any returns.
The ring wasn’t for me, so I sent it back, they have sent it right back quoting terms and conditions saying they won’t refund me.
The T’s and C’s they have quoted are thus
“12.3.c you must not have altered the Goods- for example, we cannot accept returns of rings that have been re-sized.”
” You” must not! I haven’t!

Do I have any recourse? If not I am over £300 out of pocket. Surely if they are making that offer then they should direct you in plain English if this invalidates any return?

Thank you for any help.

Others may have a different view here, but I would argue it's now been personalised and therefore not returnable under what used to be called distance selling regulations (but see my second paragraph).  Had you bought it unadjusted, you would have had the right to return it within 14 days of receipt.  That doesn't automatically apply to personalised items.  Some types of personalisation are obvious - like having your own name added to a football shirt, for example - no one else is likely to choose that so the item can't be resold.  Others aren't really personalisation, e.g. picking a colour or size of something from a list.  In my view, yours could be viewed the former and I'm not convinced it's the latter. 

Are you sure they have actually re-sized the ring, or is it possible they stock multiple sizes, and their "re-size service" is actually just someone shipping one particular size?   Can you post a link to the item and website, because if they haven't made clear that resizing invalidates change-of-mind returns, you might have an angle to pursue there.

born_again

Need to read the above with
14.4. Where no refunds will be provided: If you are exercising your right to change your mind We will not provide any refund if the Goods do not meet the criteria set out in clause 12.3 (as new). 

Interesting one. As in effect "You" have resized the ring by asking them to resize on your order 🤷‍♀️

Alderbank

You have breached the terms of their own policy, their 'warranty', which says 'we cannot accept returns of rings that have been re-sized.' It is quite clearly part of the T&Cs on their website.

However quite independently of their policies you have statutory consumer rights which cannot be taken away.

1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have 14 days from when you receive the ring to examine it and try it on. If it is 'not for you' and you tell them within those 14 days that you are cancelling the contract then they can't refuse to accept it back and must refund you.

If you delayed rejecting it by first sending it back to be resized then you have lost that opportunity. In fact if you didn't like it and 'it wasn't for you' then getting it resized before telling them you don't want it does sound odd behaviour.

2. Under the Consumer Rights Act the ring does have to be as described. If not then it is described as 'faulty' and can be returned for refund.
Ring sizes vary from country to country but within the UK they are standardized. If you ordered a size P but they supplied a size S then the goods are technically faulty and can be returned.

Here is a guide to UK ring sizes in mm.
https://www.jewellerybox.co.uk/pages/ringsize#:~:text=just%20to%20keep%20you%20on,the%20ring%20size%20table%20below.
If you can show that they sent you a different size from the size you ordered, you might have a case.

Did you perhaps show the ring to a local jeweller for advice when you found it didn't fit? If you did and he will state that he measured it and it was wrongly sized, that would be very helpful.

sheramber

I bought a ring on line and on check out was offered a free re size service. I had the ring resized.

Dies that mean you chose a ring that you knew was the wrong size and only found out about resizing it when you went to the checkout?

Did you request  the resizing before completing the purchase? 

elsien

When was it resized? Before the initial delivery or did you send it back to be resized after you’d received it? 

It just seems odd for it to be resized at the point of order because surely you’d just choose the right size in the first place?