30 days return policy when company is closed for 9 days over Christmas period

l.c.elliott

My husband asked what I wanted for Christmas, I said a locket with photos of the kids, either for him to put in himself or for the company to engrave. I sent him links of various lockets. Anyway opened my gift today and it's the locket but it's not personalised - he thought photos would have to be added after but he should have hit the 'personalised' button to digitally add photos 🤦‍♀️

Anyway...so I've emailed to ask if I can return it for them to engrave and send back. Or I could return it for a refund and then order a new one. However, I got an email auto response that says they are closed til 3rd Jan. On the website it says they accept returns for any reason up to 30 days after purchase but the item hasto be received by them by day 30. The website also says they need to be informed by email before sending any items back for a refund.

My husband ordered this on 5th Dec...clearly if I wait til 3rd Jan that does not give us enough time to wait for a response and then send it so that it can be received within 30 days.

What happens now? Does anyone know if they're likely to accept returns longer than 30 days given they're closed for over a week? Should I post it anyway and hope for the best?

born_again

Clock will stop on contact.

Does personalising cost extra?

Could always print off pics & get a local jeweller to engrave. 👍

l.c.elliott

Ah so you mean if I've emailed today to notify that I want to return something, that's OK? Just cos it says on their website that goods need tk be received within 30 days.

Personalised is free so don't really want to go elsewhere to get it done haha

PHK

Their return policy goes beyond your consumer rights and they are free to have any reasonable terms and conditions. 

Your best bet is to immediately contact them and then arrange return as quickly as you can. But this will rely on their goodwill, so remember this is your husband's fault not theirs so work with them not against them. 

RefluentBeans

PHK said:

Their return policy goes beyond your consumer rights and they are free to have any reasonable terms and conditions. 

Your best bet is to immediately contact them and then arrange return as quickly as you can. But this will rely on their goodwill, so remember this is your husband's fault not theirs so work with them not against them. 

This. They are humans. January is a busy time in terms of returns. But most companies do care about their perception and want their customers to recommend them. So I think you should be fine, but don’t go in to the conversation with the proverbial nuke. Catch more flies with honey than vinegar etc 

Okell

l.c.elliott said:

... My husband ordered this on 5th Dec...clearly if I wait til 3rd Jan that does not give us enough time to wait for a response and then send it so that it can be received within 30 days...

When was the locket actually delivered to your husband?

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 he has up to 14 days from delivery in which to clearly inform the seller that he is exercising his statutory right to cancel the contract and he then has a further 14 days to send the locket back - although depending on the seller's T&Cs he may have to pay for return carriage.  If you can still do it this way it doesn't matter when the seller receives it back - your husband just needs proof that he sent it back in time.*

If the seller has not provided certain information required by the above regulations, then the statutory cancellation period is extended by up to a year and the seller must pay the return costs.  To check whether this is the case you need to compare the seller's T&Cs with the information requirements contained in paras 31 and 35(5)(b) of the above regulations.  Or give us a link to the seller's T&Cs.

But if 14 days has already expired and the seller has provided all the information required by the above regulations, you'll have to rely on the seller's own returns policy.  If that says that the locket has to be returned within 30 days of purchase, then that is what it says.  However, I'd argue that "purchase" is on the day your husband received the locket, and not when he ordered it.  Does that give you more leeway?



*The statutory right to cancel does not apply to "personalised" items, but as I understand it the problem is that your husband didn't "personalise" it when he ordered it, so the right should still apply...

l.c.elliott

PHK said:

Their return policy goes beyond your consumer rights and they are free to have any reasonable terms and conditions. 

Your best bet is to immediately contact them and then arrange return as quickly as you can. But this will rely on their goodwill, so remember this is your husband's fault not theirs so work with them not against them. 

I have contacted then but from their auto response I doubt I'll get a reply til 3rd Jan by which point it'll be 28 days since my husband ordered it...so do you reckon I should email them and post it anyway? So they'll receive it by the 3rd? Rather than waiting for them to reply to me on the 3rd and then rush to post it but risk it not making it in time for the 30 days?

l.c.elliott

Okell said:

l.c.elliott said:

... My husband ordered this on 5th Dec...clearly if I wait til 3rd Jan that does not give us enough time to wait for a response and then send it so that it can be received within 30 days...

When was the locket actually delivered to your husband?

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 he has up to 14 days from delivery in which to clearly inform the seller that he is exercising his statutory right to cancel the contract and he then has a further 14 days to send the locket back - although depending on the seller's T&Cs he may have to pay for return carriage.  If you can still do it this way it doesn't matter when the seller receives it back - your husband just needs proof that he sent it back in time.*

If the seller has not provided certain information required by the above regulations, then the statutory cancellation period is extended by up to a year and the seller must pay the return costs.  To check whether this is the case you need to compare the seller's T&Cs with the information requirements contained in paras 31 and 35(5)(b) of the above regulations.  Or give us a link to the seller's T&Cs.

But if 14 days has already expired and the seller has provided all the information required by the above regulations, you'll have to rely on the seller's own returns policy.  If that says that the locket has to be returned within 30 days of purchase, then that is what it says.  However, I'd argue that "purchase" is on the day your husband received the locket, and not when he ordered it.  Does that give you more leeway?



*The statutory right to cancel does not apply to "personalised" items, but as I understand it the problem is that your husband didn't "personalise" it when he ordered it, so the right should still apply...

Sadly that doesn't apply to us as the locket arrived 9th December so that's 16 days ago... so what's our best course of action here? Email them to say he is returning it and post anyway so that when they reopen 3rd Jan they'll have received it? Or email to say returning it, but don't post until I get confirmation from them on 3rd Jan that we can return it and hope the 30 days started from 9th December and not the 5th December so the locket has a chance to reach them? 🙈

born_again

TBH. Even if you post it now, there is a good chance they will not get it before 3rd Jan anyway. Given holidays. As you will need proof of posting & if they are shut it is pointless via 24/48 hour postage.

Given they are shut for 9 days is this something bought off Esty or such retailer?

Grumpy_chap

l.c.elliott said:

On the website it says they accept returns for any reason up to 30 days after purchase but the item hasto be received by them by day 30. The website also says they need to be informed by email before sending any items back for a refund.

A return up to 30 days for any reason is over-and-above consumer rights.
It is worth being very careful to understand the full requirements of this policy - which can be whatever the retailer choses - so that you don't fall foul and land in a middle-ground that is outside their process.  
They say to inform by e-mail before returns, but do they also say that e-mail has to be replied to and a returns reference or similar confirmed?  If you just return the item, do you risk it being received and the supplier being unable to attach it to your order?

Out of interest, did the retailer offer an extended returns period over Christmas?  That might not be visible now, but might have been in the order confirmation messaging.

maman

Sorry to butt in but may I ask for clarification on a couple of posts stating that a returns policy can be whatever the retailer chooses. 

I appreciate it doesn't apply in this case, as OP is happy with the locket but her DH didn't apply the personalisation option. 

Surely a retailer can't hide behind a returns policy when, for example, a product isn't as described on their website?🤔 So, Consumer Rights could override the policy in certain circumstances ?🤔