Issue returning clothing items

  • Thread starter Thread starter Bes
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Bes

Bes

Bes

Soldato
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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
 
amigafan2003 said:
Yeah, they are talking rubbish.

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I suspect that will depend on the reason for the return and if they're online or B&M retail.

If in person you only have statutory rights to return if they're faulty or not fit for purpose, anything above is down to the retailer.
 
The Consumer Contracts Regulations - which came into force on 13 June 2014 and implement the Consumer Rights Directive - give you rights when shopping online, so you’re covered if things go wrong.

For distance or off-premises sales Key information which the trader must provide includes:
details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)
information about the seller, including their geographical address and contact details and the address and identity of any other trader for whom the trader is acting
Your right to cancel

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.

This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.

Your right to a refund

You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
 
Werewolf said:
I suspect that will depend on the reason for the return and if they're online or B&M retail.

If in person you only have statutory rights to return if they're faulty or not fit for purpose, anything above is down to the retailer.
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^^ This
 
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.

Do they have a returns policy? If they have one they must abide by it, however, they probably have something specifically about sale items in it.

EDIT: Having said that, that's for buying goods in person. As above she may be able to return within 14 days as it is online.
 
Yeah there is but the goods also look nothing like those on the website. The colours are different - what is B&M by the way? If bricks and mortar then no they were off their online store

They were all bought online and not in person
 
If you're within 14 days then they don't really have a choice. Make sure you have all the details of the person you're dealing with, get the refusal in writing if possible (email), then talk to your bank.
 
Why does that matter? They have warehouses in the UK and I am pretty sure they need to abide by UK laws if selling in the UK?!
 
Bes said:
Why does that matter? They have warehouses in the UK and I am pretty sure they need to abide by UK laws if selling in the UK?!
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Yeah one would assume that. If they sold it to you from a warehouse in the UK they will have to abide by the laws here.

They are probably taking the pee here.... if you return within 14 days and it's new has tags etc they can't refuse it.

IE Asos if you don't like it you can return it so long as it's in as sold condition.
 
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Lots of companies are American, canadian, or any other country you can name, but doesn't mean you are tied to that country's laws? Surely the contract to purchase was formed in the UK and therefore they need to abide by UK retail law?
 
I'm not sure but my honest feeling is that you're screwed. You accepted their terms by making a purchase, whether you read them or not. And the fact their business address is in Canada will complicate any legal recourse you might have pursued to the point it won't be worth it for £400.

eBay?
 
If the goods were blatantly not as described then I would think this would be a blatant breach of whatever contractual rights you have.

If they it was sold by their U.K. entity and from the UK then they won't be able to ignore your statutory rights, which are the most useful and commonly used rights for returning items.

If it was sold to you from an entitiy residing outside the EU then it could be very awkward to insist on your contractual or statutory rights... but that doesn't mean that insisting of them can harm your chances of them exercising goodwill.

Edit - credit card companies can indeed be extremely helpful with bullying companies.
 
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