Returning an item won through a ballot that I paid for

Emmia

Recently I entered a ballot for a limited edition item (not personalised). I won the item which was charged to my credit card.

The item in question, was then posted to me, with information on returns and a return postage label - the brand also has shops that will take the return. I tried to return the item on Saturday, to be told that the item wasn't coming up as refundable on the system

I've been told by customer services that as it was a "ballot" that I can't return the item. However as it wasn't purchased in store, does this fall foul of distance selling?

If necessary I'll flog the item on Vinted or eBay, but I'd rather have a refund.

user1977

Bought from somewhere in the UK? I'd expect normal distance selling rules to apply (unless one of the other exceptions apply), doesn't matter that there was a "ballot" involved.

eskbanker

https://forums.moneysavingexpert.com/discussion/6656548/returning-an-item-won-through-a-ballot-that-i-paid-for

Probably worth challenging them to identify a specific exemption that justifies that stance? There's nothing that jumps out in the relevant section here:

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

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81895917#Comment_81895917

Bought in the UK, it's a pair of jeans.

Woodstok2000

A ballot is just a way of determining who gets to buy an item,it doesn't affect the actual purchase at all so you still have the same rights as you would for any other distance purchase.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81895939#Comment_81895939

Just to be clear, you wanted a limited edition design of jeans and the ballot was to determine who would be fortunate enough to obtain the jeans in that design, you then paid full price for the jeans.

If that is the case, I would expect that normal CCR rules apply.

Alternatively, did you enter a ballot paying only a nominal sum and the winners then got the pair of designer jeans? That might fall under lotteries rather than CCR purchase.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81896007#Comment_81896007

I entered a ballot for the opportunity to purchase at full price a pair of jeans which are limited edition, no discount.

Card details had to be entered at the point of entry which were charged at the point I was notified of being successful.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81896034#Comment_81896034

In that case, I would consider that these limited edition jeans are just a normal mail order purchase and the full rules of CCR right to return apply as in any other case.

However, "

The item in question, was then posted to me, with information on returns and a return postage label - the brand also has shops that will take the return. I tried to return the item on Saturday, to be told that the item wasn't coming up as refundable on the system

"

So, the refund / return was declined in store. What about following the information on returns via the postage label that has been provided?

As an aside, if these limited edition jeans are in such demand and so over-subscribed that the manufacturer had to operate the ballot system, are you not able to sell the jeans for a profit?

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81896041#Comment_81896041

The return could be processed, but I'd have been refunded £0.00 not the money I paid...

I'm debating just selling on eBay or Vinted

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81896067#Comment_81896067

Well, that's not correct. Where does the retailer see that the CCR right to cancel does not apply?

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81896072#Comment_81896072

They've not responded to my latest email asking this question.

I'm now reluctant to send them back by post as there's a risk I'll be "refunded" £0 and have no jeans.