Distance selling regulations and refunds on exchanged items.

Baggles25

I bought some jeans from a uk online retailer but they didn't fit. So I then sent them back to exchange them within 14 days for a different size. The second size arrived a week ago but they don't fit either and I now want to return those. The buyer has to pay postage both ways in all instances.

The retailer is refusing to accept the second return as it is classed as an exchange and they quote their t&c's on their website that state that " items sent in exchange cannot be sent back for further return". 

Surely the distance selling regulations override this and I am entitled to a refund? What are people's thoughts? Thanks in advance.

DullGreyGuy

The Consumer Contracts Regulations, that replaced the original DSR, doesnt contemplate an exchange just a return for a refund.

Are you still within 14 days of the original item being delivered? 

I suspect it is likely that it would be deemed as a new transaction and therefore the 14 days to notify them of the intent to return the goods is reset but by not returning for a refund and making a second purchase has somewhat muddied the waters. 

Baggles25

The first item was returned within 14 days but by the time they sent the second item the original 14 days had expired.

Alderbank

As @DullGreyGuy says, there is no consumer right for an exchange.

Under the Consumer Contracts Regulations you have the right to cancel the contract within 14 days, provided you clearly tell them that you are invoking your right to cancel the contract. It doesn't look like you did this.

Alternatively you chose to use the retailer's own exchange policy instead. This can often be worthwhile - you often get a longer time period of 30 or more days as opposed to the 14 days of the CCR and the retailer might offer free return postage. But the T&Cs of their policy are whatever they say they are, in this case just one swap.

What information did the seller give you about your right to cancel under the CCR? The info should have been presented to you either when you placed the order or included with the goods when they arrived. 
If they did not fully explain your rights to cancel the contract, you should still be able to cancel.