Refusal to refund online purchase if sale item and in terms and conditions?

vertigo321

Hi,

Just a sense check please;

I bought a cycling jacket in the sale from Proviz online and unfortunately it doesnt fit. When I try and return it, they have referred me to their terms and conditions that state that they won't accept returns for refunds on discontinued products. It is indeed in their terms and conditions, but this was not evident on the sales page- I'd have needed to check the returns policy on the website before purchasing.

Are they right? It is not a personalised item and they still have the jacket for sale now. They're a UK company so I thought they would be obliged to refund me. Any ideas how I can proceed? I've tried writing a polite email and they won't budge. If they're correct, then I'm a bit miffed that MSE/Which/Citizens Advice have lulled me into a false sense of security that all items bought online (with a few exceptions- perishable, personalised etc etc) are returnable if they are the wrong size.

eskbanker

The company isn't correct, so you do have the right to return an online purchase for a refund, even if enforcement may ultimately involve small claims if they're uncooperative.

the_lunatic_is_in_my_head

Need to clearly tell them OP you are

"Exercising the right to cancel the contract in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the limits of application for Part 3 do not include the ability to decline the right to cancel for "sale" items:

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

and this is in accordance with paragraph 5 of your own Terms and conditions"

https://provizsports.com/policies/terms-of-service?country=GB"

Send that by email, then post the jacket back tracked (avoid budget couriers, I'd look at Royal Mail Tracked) to the address listed in the T&C info

Provide them with evidence of the goods having been sent back and note you expect a refund within 14 days as per:

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

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.