Unfair Refund Contract Term? Tags & Refunds for Online Clothes Purchase

Sinbat

It's my first post on these forums, and it's a little long so I thought I'd start with a bullet point summary before expanding with more info:

• Bought a suit online using debit card at Abitto ltd 17 Sept 2024
• Received 19 September 2024
• Took tags off as intended to wear, but did not wear it apart from to try on
• Contacted them 1 October (withing 14 days) to request a refund, using Citizens Advice refund request template
• Abitto T&C's state items will not be refunded if 'the item's tags have been removed or the item has been altered in any way'
• Is this considered an 'unfair contract term' as stated on Citizens Advice website?
• I can send back all items with original packaging (in new packaging), with unattached tags, and all unworn
• If Abitto were to try and refuse a refund can I contest it?  If so, are there any specific consumer regulations I should quote?

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More Info:

On 17 September 2024 I bought a 3x piece suit online from Abitto Ltd for a wedding, £199.99 for the suit and £19.99 for fast track shipping (total £219.98), paid for by debit card.  It was delivered on the 19 September, and although it didn't fit perfectly, it was passable, and so I took the tags off as I was intending to wear it.  However, after purchase I bought and chose a different outfit and the Abitto suit remains unworn, except to initially try on.

I have since come back from the holiday and emailed Abitto Ltd today to request a refund as it is within the 14 day cooling off period, and using the refund request template on the Citizens Advice website that quotes The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  On the same webpage it states that there are such things as 'unfair contract terms':

'If your contract says you must use the original packaging, this is likely to be considered an ‘unfair contract term’. You can tell the seller this and see if they’ll agree to accept the return without the original packaging.'

On the Abitto Ltd website it states in their T&C's:

'If you are unhappy with any of your item(s) you can return them to us at the address stated on our return form. You have a total of 28 days, 14 days from the delivery date to get in contact with us to state that you wish to return your items to us and a further 14 days to return the items to us. Unfortunately, after this period, we are unable to offer a refund. You must fill in the correct paperwork and return the items in this period, any items received without tags or return form will be automatically sent back to the customer and a shipping cost of £9.99 will be deducted from the total. Items sent back due to missing paperwork or incorrect paperwork may cause the return deadline to be missed and the responsibility is solely on the customer. Customers must make arrangements for the collection of the suit if they try and return the suit outside of the return period, we will not take on extra delivery cost for this mistake. Customers must ensure the suits are returned to us within our return period in order to receive a refund. For your item to be eligible for a return, it must be unused and be returned in the same condition in which it was received. If anything is kept, we take the original price out and the remains is refunded.'

and then later down the page:

'Once the returned item has been received it will be inspected and only we have the right to determine the returned product's condition. Your refund request will not be accepted if;

The item's tags have been removed or the item has been altered in any way'

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I can send back all the items, with and in the original packaging as much as possible (in further packing materials), and with the tags (but not attached) - everything else is in the same condition as when received. 

I have yet to recieve a reply for Abitto, however, if they were to have an issue with the tags - as implied in their T&C's - and stated that the items will not be refunded, I would like to know if that would be considered an 'unfair contract item'?  If so, how it would be best approached to get a refund, e.g. is there a specific part of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that I should quote, or another regulation that needs to be quoted? 

Apologies for the length of the post, but hopefully that is everything needed to help get any guidance/advice - and thank you in advance for anyone that does reply.

Bradden

I suspect the problem is that it's not uncommon for people to remove tags to wear them for an event and then return them for a refund claiming they've not bene used. It's cheaper than renting a suit.

swingaloo

Bradden said:

I suspect the problem is that it's not uncommon for people to remove tags to wear them for an event and then return them for a refund claiming they've not bene used. It's cheaper than renting a suit.

That is the problem. Why would you take the tags off before you were sure you wanted to keep the suit? I cant see how it could be an unfair contract term as it does not weight the contract unfairly against you.

The website does state that you need to contact them about the correct form for returns, did you do this?

Used to happen in the shop I worked in with Christening robes.  We sold them Friday and got them back Monday so had to start tagging them differently.

saajan_12

Assuming you're returning under a 14 day cooling off period rather than any fault, isn't the level of useage / handling based on what you could do in a store?

In store, you'd try the item on, but indoors and without removing tags. 

Also your quote on unfair contract terms talks about original packaging. Where does the notion of requiring tags on = unfair come from? 

powerful_Rogue

You wouldn't remove the tags if trying something on instore, so seems like your handling of the product has gone beyond that.
They can make a reduction for excessive handling upto 100% of the item price.

DullGreyGuy

You need to inform them that you are returning it under the Consumer Contract Regulations 2013 not under their return policy. 

Technically under 34(9) they could deduct the cost of reattaching the labels however to do this they must have followed all the aspects of the CCR and not many companies do. 

Note that under the CCR you only have 14 days to cancel the order (and a further 14 days to return the goods) so you can't dordle 

swingaloo

Just had a look at the website which is full of errors. Don't seem to have any idea about the law and not good English either.

Alderbank

Using the form of words you refer to above (CCR regs 2013) within the permitted 14 days, as you have done, Abitto can't refuse to take it back and make a refund. That is not an option for them.

However they can make a deduction for any loss of value if you did anything to the suit beyond what you would be able to do in a shop, and this deduction can be up to 100%. If it went to court they would have to justify their decision.

Trying a suit on is commonly allowed in a shop so no problem.

Removing tags is not allowed in a shop, so they would be allowed to deduct a genuine loss of value. If the tags are their own brand, and they could reattach them without any change in appearance, the reduction would only be nominal. However designers sometimes fit tags with anti-tamper seals to show potential buyers it is new, unworn and not a fake. In that case the value could be significantly lower.

...but they can't refuse.

Could they say, 'In our shop, as policy, we only sell new, tagged goods. This suit will now have to be sold into the rag trade'?  I don't know.

TELLIT01

I don't see any way that one of the T&C being that the items require tags to be in place would be deemed unfair. As others have said, there is no reason to remove them simply to try an item on.

Kim_13

Nothing unfair here. Refusing a return for lack of original packaging might be considered unfair, as if it was only the outer bag used for shipping, it wouldn’t affect their ability to resell the product.

With tags removed, they’d have to sell it for less than you paid and that is unfair on them. The moment that you remove the tags is the time to stop looking for something else that you might wear to an event instead; remove the tags on the day of the event if the item is only passable.

The problem with a partial refund (if their refusing anything is unfair it would be that) would be that one person might agree one thing with you, only for another person to process the return and reject it in line with their policy making you £9.99 worse off. They might argue they couldn’t be sure of selling it at Y if they offered you a refund less X, where X+Y is the original price of the suit. Why should they bear the risk because a customer changed their mind at a point that most would accept they had committed to the purchase? 

the_lunatic_is_in_my_head

powerful_Rogue said:

You wouldn't remove the tags if trying something on instore, so seems like your handling of the product has gone beyond that.
They can make a reduction for excessive handling upto 100% of the item price.

Alderbank said:

However they can make a deduction for any loss of value if you did anything to the suit beyond what you would be able to do in a shop, and this deduction can be up to 100%. If it went to court they would have to justify their decision.

Come on guys, this is basic stuff  

A reduction is not permitted where the required info isn't given:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

The terms deny the right of cancellation if tags are removed which doesn't comply with:

where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

The condition of the goods isn't a limit of application under part 3.

TELLIT01 said:

I don't see any way that one of the T&C being that the items require tags to be in place would be deemed unfair. 

Kim_13 said:

Nothing unfair here. 

Not only is the term unfair, it's a breach of the CCRs which amounts to a criminal offence. 

If only the trader played by the rules, they'd be able to deduct the diminished value instead of being stuck with a suit without tags. 

DullGreyGuy said:

Note that under the CCR you only have 14 days to cancel the order (and a further 14 days to return the goods) so you can't dordle 

OP has 1 year and 14 days (but I agree better to do it sooner rather than later to avoid further resistance).