Returning on line purchases

PSerjeant

We have just purchased a mystery gift from an online store. We have returned the product within the 14 days return time allowed. They have referred us to their T&C’s, which say there is no return on this product, so they will not refund us. Are they correct to do this?

elsien

Out of interest, what was your reason for returning it? It’s not going to be not as described is it?

user1977

Which "online store"?

elsien

You might find this helpful.
https://forums.moneysavingexpert.com/discussion/5934997/mystery-box-can-i-get-a-refund

PSerjeant

elsien said:

Out of interest, what was your reason for returning it? It’s not going to be not as described is it?

It was jewellery that we did not think were of a quality or value for the money paid.

PSerjeant

user1977 said:

Which "online store"?

Thanks but not sure that is relevant, it is an online company we have used without problems in the past.

user1977

PSerjeant said:

user1977 said:

Which "online store"?

Thanks but not sure that is relevant, it is an online company we have used without problems in the past.

Well it is relevant if for example they're not UK based - many people posting here seem unaware that when they were "buying online" they were actually "importing from a foreign jurisdiction" and therefore don't have UK consumer rights. And often websites are fairly vague about what entity you're actually contracting with.

the_lunatic_is_in_my_head

The aspect of a mystery box in itself isn't exempt from the right to cancel as there isn't a limit of application pertaining to that aspect.

If another aspect were present then a mystery box can be exempt, for example a mystery box of cut flowers would be exempt as they are goods which are liable to deteriorate or expire rapidly.

OP I'm assuming the jewellery in this mystery box isn't personalised (e.g engraved with your name on at your request), if so the right to cancel should exist.

PSerjeant said:

user1977 said:

Which "online store"?

Thanks but not sure that is relevant, it is an online company we have used without problems in the past.

There's a lot of companies out there that may appear UK based but the governing law of the contract is outside the UK, it's typical to ask to check our regs apply to the transaction  

PSerjeant

the_lunatic_is_in_my_head said:

The aspect of a mystery box in itself isn't exempt from the right to cancel as there isn't a limit of application pertaining to that aspect.

If another aspect were present then a mystery box can be exempt, for example a mystery box of cut flowers would be exempt as they are goods which are liable to deteriorate or expire rapidly.

OP I'm assuming the jewellery in this mystery box isn't personalised (e.g engraved with your name on at your request), if so the right to cancel should exist.

PSerjeant said:

user1977 said:

Which "online store"?

Thanks but not sure that is relevant, it is an online company we have used without problems in the past.

There's a lot of companies out there that may appear UK based but the governing law of the contract is outside the UK, it's typical to ask to check our regs apply to the transaction  

Sorry new to all this is definitely a UK company, not perishable, personalised nor has shrink wrap packaging.

the_lunatic_is_in_my_head

You could go back to them and ask which paragraph of the limits in the two links they think exclude mystery boxes:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/6
https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

Not sure they'll have a valid answer which can only lead to the conclusion they should let you cancel. 

Should they decide to pick one pop back for more advice, there is some detailed guidance breaking down the various limits which may be useful to counter argue. 

born_again

PSerjeant said:

user1977 said:

Which "online store"?

Thanks but not sure that is relevant, it is an online company we have used without problems in the past.

It's always relevant, as often someone else digging around will find more details on the company. Such as where they are based etc.
Which can have a major effect on your rights. 🤷‍♀️

Many people say UK co, as they see .co.uk. Which means nothing. Could also be a drop shipper.