Returning an item won through a ballot that I paid for

Emmia

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

In fairness to the shop staff, they had no problem doing the return, but the system just showed a £0.00 price - they put me in contact with "customer services" who are going on about non -refundable, even though I paid full price.

Okell

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

That sounds on the face of it as if you ought to have the right to cancel a distance contract under the CCRs, but… AIUI the CCRs do not apply to a contract insofar as it involves participating in a lottery. See para 6(1)(a)(i) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

From what you say it sounds like the ballot/lottery was already complete before you entered into an entirely separate contract to purchase the jeans, but without seeing the T&Cs of the ballot you entered I think it's very difficult to give a clearer answer. [Edit: eg you had to give your CC details when you entered the ballot and not afterwards?]

I enter the Wimbledon public ballot each year and I'm pretty certain that if I "win" the opportunity to buy a ticket and do so, I can't then cancel it as a distance contract. But maybe I'm wrong about that.

Are the ballot T&Cs still available?

Who is the seller?

[Edit: I agree with Grumpy's point that although you can't return it instore you might well be able to send the jeans back for a refund. You need to chase them for a reply]

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81896120#Comment_81896120

The seller is Levi's - I can't find the T&Cs anywhere

Ergates

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

Yeah….. no.

They're either dishonest or incompetent, there is no way that a ballot for the opportunity to purchase an item would in any way negate your consumer rights. Also, a pair of jeans that haven't been customised to your specification are't "non-refundable".

In terms of getting a refund - you could keep trying their standard customer contact route, quote the CRA and CCR to them (and point out that neither make any mention of ballots). Next step from that would be finding the CEO email address and trying that - sometimes that works. Next step beyond that would be a letter before action. I don't know if your card provider could help - as they'd probably need you to prove you'd returned teh item and the £0.00 refund might complicate things too.

However, as other people (and you) have said - you might be better off just selling them on if you can do so without losing (and maybe even gaining) any money.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81896129#Comment_81896129

"… In terms of getting a refund - you could keep trying their standard customer contact route, quote the CRA and CCR to them (and point out that neither make any mention of ballots)…"

But the CCRs do don't they?

"6.—(1) These Regulations do not apply to a contract, to the extent that it is—

(a) for—

(i)gambling within the meaning of the Gambling Act 2005(1) (which includes gaming, betting and participating in a lottery);…"

At least on the basis that a ballot is a form of lottery?

Now it's not at all clear to me that the OP's purchase amounted to participating in a lottery for this purpose, but neither do I think it's clear that it isn't.

But i agree the OP needs to follow it up further with Levis

Ergates

https://forums.moneysavingexpert.com/discussion/comment/81896162#Comment_81896162

I don't believe that applies here as I wouldn't consider that the OP's purhcase involved participating in a lottery. The lottery was for the opportunity to purchase. Once OP "won" that - that lottery was done and dusted, and then the OP purchased some jeans.

If the OP had purchased a ticket and won the jeans then that would be different.

To me, it sounds like the retailer is attempting to use a pre-purchase lottery system as a loophole to negate their customer's rights. Something that should probably be stamped on, hard.

sheramber

Levi Straus &co are registered in Belgium.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81896183#Comment_81896183

I'm not necessarily disagreeing with you.

But i do think it would be helpful to be able to see the T&Cs.

The other problem is that to date the OP only seems to have tried to return the jeans instore and not via the return instructions supplied with the purchase.

Many retailers won't accept returns instore if the oriignal purchase was at a distance, They're often not the same entity.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81896162#Comment_81896162

AIUI, the "lottery" was a pre-registration for the chance to purchase the limited edition jeans - maybe the "selvedge" version - at first launch where Levi believed the demand would outstrip supply.

Having secured the opportunity to purchase through the lottery / pre-registration, the OP is then eligible to enter into a separate follow-on contract to purchase the jeans. The lottery is free to enter. The purchase of the jeans is not. Also, you can win the lottery and then decide not to purchase the jeans.

IMO, the second contract, for the purchase of the jeans, is not a lottery and covered in full by CCR.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/81896230#Comment_81896230

I have returned few things purchased from Levi's online to store without issue. The jeans also came with a packing slip setting out the returns criteria and a prepaid postage label for drop off at a post office.

If they were truly non returnable/refundable then I'd expect there would be something with the jeans referencing this...

The store staff were also under the impression they could be returned - but perhaps it had to be done via post.