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WESC clothing return/exchange policy - 'no return/exchange if 50%+ discount'

react
react Posts: 19 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 1 December at 3:25PM in Consumer rights
WESC clothing online shop has some great deals, however their return policy states anything over 50% is considered 'final sale' and cannot be returned / exchanged:

RETURNS

Items purchased at a discount of 50% off or more, including those purchased during Buy One Get One (BOGO) sales, are considered final sale. These items cannot be returned or exchanged.

Items labeled final sale cannot be returned or exchanged.

Item(s) purchased from wesc.com must be returned at the customers expense in new, unused condition with original tags still attached in order to receive a refund, within 14 days of receiving the shipment. Items purchased on sale under 50% off qualify for store credit. To return items for a refund, submit a return slip through our portal. A refund will be issued in the original form of payment. Please note that we cannot refund the original shipping charges with the exception of faulty or incorrectly shipped items.

EXCHANGES

Items purchased at a discount of 50% off or more, including those purchased during Buy One Get One (BOGO) sales, are considered final sale. These items cannot be returned or exchanged.

I assume this is not legal? could i insist on a refund if notifying of a return in 14 days and then returning with 14 days? would they have the power to say 'exchange only'?

Comments

  • MyRealNameToo
    MyRealNameToo Posts: 2,483 Forumite
    1,000 Posts Name Dropper
    They are a Swedish company, you would need to find someone with knowledge of Swedish consumer law and how it applies to international purchases. 
  • user1977
    user1977 Posts: 18,695 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    You're correct if we are talking about UK law, but their website is rather vague about which country we're dealing with. It appears to be a Swedish company you're contracting with, but disputes are to be dealt with under the law of California, the goods are dispatched from within the UK and their privacy contact address is in London.
  • react
    react Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    They are a Swedish company, you would need to find someone with knowledge of Swedish consumer law and how it applies to international purchases. 
    Good point, I was looking on the WESC.uk site and it says they ship form London, however the T&Cs refer to the site being managed by WeSC, with registered office in Stockholm, Sweden.
  • MyRealNameToo
    MyRealNameToo Posts: 2,483 Forumite
    1,000 Posts Name Dropper
    react said:
    They are a Swedish company, you would need to find someone with knowledge of Swedish consumer law and how it applies to international purchases. 
    Good point, I was looking on the WESC.uk site and it says they ship form London, however the T&Cs refer to the site being managed by WeSC, with registered office in Stockholm, Sweden.
    Their website contradicts or at least is inconsistent with itself in a few places. 

    It's not 100% clear which legal jurisdiction applies, if they have a UK presence then it should be our law but the address listed may just be a fulfilment firm and not actually them. The postcode given only relates to a couple of buildings, all have business names in their addresses and my guess would be it's actually Airbox Fulfilment's warehouse who are doing the UK dispatches for them. If thats the case then they have no physical presence here their statement that Sweden's consumer rights apply statement probably stands. 
  • Grumpy_chap
    Grumpy_chap Posts: 19,262 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    react said:
    WESC clothing online shop has some great deals, however their return policy states anything over 50% is considered 'final sale' and cannot be returned / exchanged:

    RETURNS

    Items purchased at a discount of 50% off or more, including those purchased during Buy One Get One (BOGO) sales, are considered final sale. These items cannot be returned or exchanged.

    Items labeled final sale cannot be returned or exchanged.

    Item(s) purchased from wesc.com must be returned at the customers expense in new, unused condition with original tags still attached in order to receive a refund, within 14 days of receiving the shipment. Items purchased on sale under 50% off qualify for store credit. To return items for a refund, submit a return slip through our portal. A refund will be issued in the original form of payment. Please note that we cannot refund the original shipping charges with the exception of faulty or incorrectly shipped items.

    EXCHANGES

    Items purchased at a discount of 50% off or more, including those purchased during Buy One Get One (BOGO) sales, are considered final sale. These items cannot be returned or exchanged.

    I assume this is not legal? could i insist on a refund if notifying of a return in 14 days and then returning with 14 days? would they have the power to say 'exchange only'?

    Even that extract is inconsistent.

    I was wondering whether the "under 50%" items were all in some way seconds so sold with faults but I notice that the landing page for the website today offers all items 50% off sitewide and and extra 25% off Cyber Monday (with code) so the "under 50%" would seem to capture everything they sell.

    The terms and conditions ( https://www.wesc.uk/pages/terms-conditions ) reference Sweden's Distance Selling Regulations.  They may be similar to the UK rules?

    I also note that any item shipped to outside EU will be subject to taxes and duties as imposed by the destination country so this will be extra to whatever the purchase price is.

    What particularly are you after and can an alternative be sourced from the UK High Street?  Does the company WESC have any UK retail representation?  
  • MyRealNameToo
    MyRealNameToo Posts: 2,483 Forumite
    1,000 Posts Name Dropper
    Grumpy_chap said:
    I also note that any item shipped to outside EU will be subject to taxes and duties as imposed by the destination country so this will be extra to whatever the purchase price is.
    But these are the inconsistencies as elsewhere it says UK ordered goods are sent from the UK so there will be no importation costs to pay and that they only send to UK and EU so the comments about outside the EU being sent DDU is wrong in the case of UK and irrelevant for anywhere else as they dont ship there. 
  • react
    react Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker

    Even that extract is inconsistent.

    I was wondering whether the "under 50%" items were all in some way seconds so sold with faults but I notice that the landing page for the website today offers all items 50% off sitewide and and extra 25% off Cyber Monday (with code) so the "under 50%" would seem to capture everything they sell.

    The terms and conditions ( https://www.wesc.uk/pages/terms-conditions ) reference Sweden's Distance Selling Regulations.  They may be similar to the UK rules?

    I also note that any item shipped to outside EU will be subject to taxes and duties as imposed by the destination country so this will be extra to whatever the purchase price is.

    What particularly are you after and can an alternative be sourced from the UK High Street?  Does the company WESC have any UK retail representation?  
    When they say under 50% I think they mean the discount is less than 50%, then you can get a credit, however as you point out everything is reduced by over 50% anyway. 

    They don't have a uk store anymore, I don't believe, although they did previously.  I do like some of their stuff and the discount currently is obviously tempting, however it's probably not worth the hassle overall. 
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