Adidas Refuse To Accept Returned Football Kit

2

Comments

  • dibble34
    dibble34 Posts: 18 Forumite
    Still waiting for a response, but feel confident to take this on now, even if I have to go via ombudsman!
  • bris
    bris Posts: 10,548 Forumite
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    The key word in Unholyangels post is "SHOULD". Should is not "will" and is taken on a case by case basis, well maybe some will accept them back but they don't have too. There is more than a fair chance they will never be able to sell that kit again.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    agrinnall wrote: »
    The problem with unholyangel's find is that it refers to UK law, whereas Adidas.co.uk seems to be governed by Dutch law. This section in particular from the T&Cs is relevant:

    "Insofar as the order involves Customised Products you will not have any cooling-off period, right of revocation, right of return or right of termination (Section 6:230p under f, subsection 1˚ of the Dutch Civil Code)."

    Section 2.11 d of

    http://www.adidas.co.uk/help-topics-terms_and_conditions.html

    Even though the governing law of the contract is stated to be Dutch law, English statutory law (such as the Consumer Rights Act 2015) will still apply.

    See https://www.twobirds.com/en/news/articles/2016/uk/the-enforceability-of-governing-law-clauses-in-cross-border-b2c-contracts.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    Looking at it from another direction, how did you pay?
  • photome
    photome Posts: 16,361 Forumite
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    bris wrote: »
    The key word in Unholyangels post is "SHOULD". Should is not "will" and is taken on a case by case basis, well maybe some will accept them back but they don't have too. There is more than a fair chance they will never be able to sell that kit again.

    This is also my thought.
  • gettingtheresometime
    gettingtheresometime Posts: 6,911 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    If Adidas won’t accept the return, then you could always try selling it on ebay
  • LadyDee
    LadyDee Posts: 4,293 Forumite
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    Human bodies/manufacturers' measurements differ so widely - one 9 year-old can be a skinny little thing, another can be roly-poly. I'm what used to be a 'standard' size 12 and back in the day all 12s would fit me, no matter where I purchased them. In the last 12 months I have bought size 12 trousers, size 14 trousers, size 12 top, size 14 top and a size 16 coat - all of which fit me perfectly. Adidas does have size charts on their site - how do the sizes compare with your child's measurements?

    http://www.adidas.co.uk/help?haid=help-topics-size_charts
  • dibble34
    dibble34 Posts: 18 Forumite
    I did pay via PayPal, could they help?
    With regards to size, we have purchased loads of Liverpool kits and never had an issue with size not matching age so don’t think we are out of average sizing
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    Paypal will help if the item is SNAD - significantly not as described. However they do not help with SNAD if the item is custom made.

    I think you may fail on two counts with Paypal. The item is only SNAD if it isn't as per the sizing on the website (regardless of who it fits or doesn't fit) and secondly, the addition of information making that item a customised item.

    There is nothing to stop you trying, but me mindful in those terms when penning your case.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Adding a player's name from a drop down list on the website is NOT customisation or personalising ... it is merely selecting a choice from supplier-offered options. (Much the same as selecting the desired size). As such this is NOT a valid reason for a supplier to reject a return/refund request. IF the option required the buyer to enter (type in) the name to be affixed then this WOULD be personalising.
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