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Unwillingness to Exchange

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  • Unwillingness to Exchange

    I purchased a silk scarf on line as a Christmas present for my wife which was opened for the first time on the day by her; unfortunately the colour was not her preference. By this time the statutory 14 days was long gone but I have offered to fund any costs involved or price difference if the Company would just accept an exchange (NOT asking for a refund). However, it is insisting this would not comply with the 14 day RETURN criterion which I believe to be extremely petty, does little for its customer relations image and doesn’t compare with the many other companies that permit an extension to the usual 14 day limits when Christmas gifts are involved.
    Where do I stand on this?


    Tags: None

  • #2
    Hi PADS100

    Welcome to LB.

    What's the name of the retailer?

    Comment


    • #3
      General answer: retailers can offer a returns policy more generous than the legal.minimum if they choose to and at Christmas many do so. But if they decide to stick to the letter of the law you have no rights greater than what the law says
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Thank you. The retailer is Voglie Di Seta (VDS Ltd, loc, 21 Knightsbridge London SW1X 7LY)

        Comment


        • #5
          Originally posted by Pads100 View Post
          Thank you. The retailer is Voglie Di Seta (VDS Ltd, loc, 21 Knightsbridge London SW1X 7LY)
          You could try the following, post your request on Trustpilot (it is down to 'goodwill', that's the thing with buying gifts early) but add that you've tried to access 'Tap here to view the entire return policy.' on their website. It doesn't work. If they are going to have a 'returns policy' then that needs to be fully accessible to the customer, which in this case it isn't.

          Comment


          • #6
            What statutory 14 days? There is the 30 day short-term right to reject in the Consumer Rights Act 2015.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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            • #7
              Goods purchased online are covered by the Consumer Contracts Regulations 2013
              The consumer has up to 14 days to let the seller know they want to return them and then another 14 days to return them
              This legislation applies even if the goods are not faulty

              Comment


              • #8
                Retailers are more 'customer friendly', they know there has never been so much competition out there, at the end of the day 'retaining custom' is huge. Losing it is so easy.

                Comment


                • #9
                  Originally posted by Pezza54 View Post
                  Goods purchased online are covered by the Consumer Contracts Regulations 2013
                  The consumer has up to 14 days to let the seller know they want to return them and then another 14 days to return them
                  This legislation applies even if the goods are not faulty
                  The 14 day cancelletion period is extended by up to a year if the seller breaches the information requirement prescribed in para 31 of the regulations here: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

                  Many online retailers do not comply with this requirement so I'd suggest the OP needs to check the seller's T&Cs to check exactly what information the seller gave the OP before making the purchase about their statutory right to cancel a distance contract.

                  If the seller did not provide the prescribed info the OP has up to a year in which clearly to inform the seller that he is exercising his statutory right to cancel a distance contract, explaining why the usual 14 day period does not apply.

                  Even if the seller's T&Cs do not comply (and as I say many don't) I'm sure the OP will have a battle on their hands and it may not be worth it.

                  Comment

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