Issue returning clothing items

  • Thread starter Thread starter Bes
  • Start date Start date
Brizzles said:
They do state in their Return/Exchange policy.



https://mattandnat.com/info/shipping-returns/
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Oh, I see. I didn't realise that a companies policies trump your legal, statutory, consumer rights.

From the looks of the website, you bought the goods through the UK site, paid in pounds and items despatched from the UK? Your purchase is completely covered by the Consumer Contracts Regulation. Just quote this at them.
 
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Ok so here is what I think is crucial.... I think the goods were shipped from within the EU as the packaging does not indicate any kind of customs or duty was paid and it is not on the packing slip either. if this is the case I don't see how a company dispatching within the EU can reasonably argue that they do not have to fall in line with U.K. Or EU Law regardless of where their HQ is
 
Ahleckz said:
Oh, I see. I didn't realise that a companies policies trump your consumer rights.

From the looks of the website, you bought the goods through the UK site, paid in pounds and items despatched from the UK? Your purchase is completely covered by the Consumer Contracts Regulation. Just quote this at them.
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Yes my understanding is this.. they have a uk site and charge in sterling
 
Bes said:
Yes my understanding is this.. they have a uk site and charge in sterling
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The whole point of the distance selling regulations (now superseded by the Consumer Contract Regulation) is that you are able to inspect goods bought online in the exact same way you can scrutinise them in a shop. Therefore, almost any physical item (bar anything custom made and a few other exceptions) is covered.
Your items are 100% covered, and they are just trying to be sods.
 
Bes said:
Yes my understanding is this.. they have a uk site and charge in sterling
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A .co.uk web address and being able to change the currency to GBP does not indicate they are in the UK.

If you can prove they are in the UK then you may have some luck.
 
This page seems to cover everything.

https://www.citizensadvice.org.uk/c...uying-from-an-overseas-seller-outside-europe/

I doubt they're breaking their own, Canadian trading laws by not accepting a return, so it's really up to you to prove they are bound by the Consumer Contracts Regulations.

Statutory rights are something different and do not entitle you to a refund because of buyers remorse or a wrong fit/outfit match. Statutory rights only cover you if the item is faulty.
 
Ok so looking at all the emails packing slips etc again, the order was despatched from within the UK.... They have no leg to stand on in my opinion. Doesn't matter if they are based on the moon- surely buying off a GB version. Of the site, paying in Sterling and having the order despatched in the UK counts as a UK order and therefore they have to follow uk regs in this regard?!

GF paid on debit card. Will try a strongly worded email and if that fails will take it up with HSBC as well. Not standing for this. Will keep this thread updated
 
Muban said:
Are they talking rubbish? My understanding is that the law is far more woolly with regard to sale items. Just because you change your mind after buying something in the sale does not necessarily mean your are automatically entitled to a refund. If an item is faulty it is a different matter.
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How would that work?

If sale items were excluded from the CCR, then every online retailer would permanently have their items "on sale" to avoid returns...
 
Bes said:
Ok so looking at all the emails packing slips etc again, the order was despatched from within the UK.... They have no leg to stand on in my opinion. Doesn't matter if they are based on the moon- surely buying off a GB version. Of the site, paying in Sterling and having the order despatched in the UK counts as a UK order and therefore they have to follow uk regs in this regard?!

GF paid on debit card. Will try a strongly worded email and if that fails will take it up with HSBC as well. Not standing for this. Will keep this thread updated
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I am honestly not sure, but there are multiple fulfilment services so you do not have to be based in the country you are dispatching from.

I am actually interested in the answer to that.
 
The usual return rules (i.e. the SOGA) mean that you only have the right to return faulty / not-fit-for-purpose goods. A lot of shops offer returns because you've changed your mind, but that's not a legal requirement.

It sounds like you / she have just changed your minds, so that doesn't apply.

The CCR allows you to cancel your purchase within 14 days (IIRC, think that's calendar rather than working), assuming it's a distance purchase i.e. not in a shop.

If I was in your position, I would email them and tell them specifically that you're cancelling the purchase under CCR. If they refuse, then you can link them to information on CCR and tell them why that's unacceptable. If they still don't comply, take it up with your credit card company (as a section 75 claim) or your debit card company (as a chargeback request) and provide them with the emails as evidence.

If that time period has already passed, then you're stuffed.
 
antijoke said:
And none of that makes a difference if they (company they bought from) are in Canada.
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Nope, but it's the best hope of making something happen. Depends on how the company is set up legally as well.

Main reason I posted is because a lot of the info above is vague, and there's a lot of misinformation on the topic. Not saying this is accurate, but hopefully mostly on the money for UK purchases.
 
Did they charge VAT on the purchase? If so, would that not mean they are VAT registered in the UK and therefore covered under UK legislation?
 
Bes said:
Hi

My girlfriend bought some sale items from an online store (Matt & Nat). They are refusing to allow her to return some of the items (about £400!worth) for a refund as they say 'final sale items are not refundable or exchangeable' as far as I can see this is at odds with the law in this regard. Am I correct? The goods are not bespoke or anything - it's just a couple of bags and a pair of shoes.

Is the CAB our next port of call on this?

Thanks
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When were the items delivered?
 
trading in UK = falls under UK consumer legislation. If you bought online then should have no problem returning within 28 days (14 days to decide and 14 days to return)

do chargeback or through c/card if they refuse to play ball (and you got that in writing)

/thread srsly.....(thread didnt need 30+ replies wondering about this lol)
 
Yep, no idea why people are saying "you're screwed" here.

They operate in the UK. They therefore need to abide by the rules, specifically the Consumer Contracts Regulations (replaced the DSR) that applies to the way in which they sold their products at a distance. This means they have to accept returns within 14 days for any reason. The product can be completely fine and they still need to accept a return and issue you a refund.
 
Just shown how so many probably back down after being told no. Thinking its not a UK business so that makes a difference etc etc

You'll get money back, the business is just trying it on. And it probably works a lot
 
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