To think items in a sealed box where you cannot see the items should be able to be returned online ??

[Readysteadife]

I have already posted under legal , but another mumsnetter said I should post here .

I bought some swimwear for my 14 year old daughter from a company called modibodi.

Each of the items are delivered in individual sealed card evnvelopes - see photo. You cannot see the actual item at all , the fabric, the colour or the size !!!

The company I bought them from is saying I cannot return them because I have now opened them . They said that this is a term and condition when I place the order . I don’t think this correct ?

aibu to think I should be able to return these items under distance selling act ?

any advice gratefully received

I thought there were distance selling regs which meant that you can return things. You're not going to wear them as such you just want to see the item to check it out.

I'm sure the distance selling should still apply even to underwear. Whether it has exclusions I don't know.

If you can't actually see the goods then google suggests they are covered under the act - apparently a clear plastic bag should not be opened if you may want to reject the goods

How are you supposed to try them on?

Underwear and make up have exceptions as opening can affect reselling but you should still be able to assess the suitability of the goods

I didnt think you could return swimwear / Underwear / Earrings
Maybe I'm wrong

Sealed hygiene products are exempt from the distance selling Consumer Contracts Regulations, for fairly obvious reasons. If the ship had sent you the period pants with the seal already broken, that somebody else had already returned, would you have accepted them?

Hmm but if you buy online you've no idea of the actual size and fit! Surely you're covered for return even if it's been tried on. They'd let you try on in a shop

There aren't any exceptions to distance selling regulations; swimwear and underwear should be refunded.

Send them a link to the regulations and suggest they have a look!

It’s the Consumer Rights Act now and it does actually state there are exemptions to online returns:

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel
These include CDs, DVDs or software if you've broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that's been broken

I suppose they can claim the sealed packing is for hygiene reasons.

The packaging states the colour name - bloom mule (?) and the size - 8/xs/36

I ordered some modibodi in the same kind of packaging and they were too small for my child so I was able to post them back and order a bigger size.

So they should be honouring this for you. I emailed them to ask about this and they told me how to do it.

They re-package stuff, they don't send it back out in the same packaging!

Would you want to receive period pants in any kind of packaging which had been returned to the seller opened with no idea what the previous owner had done with them after opening?

If it was a clear plastic bag they could refuse but a cardboard box , no

They are forcing customers to accept goods without being able to see them

They also include goods with a seal for health protection and hygiene reasons that's been broken

But surely on swimwear, the hygiene seal is the strip of plastic that covers the gusset. How can you buy something you can't try on? And if you do have to buy them unseen, because on those packs all you can see is the colour, then it should be stated clearly at the point of sale that the items are non-refundable.

Yes- they will let you exchange an unopened box but not refund . I don’t want to exchange . I am keeping one pair of bikini bottoms and sending the rest back . I don’t want to exchange . @LittlestBaoBun

I have bought soooo much underwear and swimwear online and never not been able send it back .

you can try it all on in a shop !

Would you want to receive period pants in any kind of packaging which had been returned to the seller opened with no idea what the previous owner had done with them after opening?

That's why they have a sanitary seal over the gusset so they can see the hygiene of the pants has been preserved.

And you can take underwear back to a shop !

Exactly , you put the plastic thingy there ! Not package them so you can’t see what you are buying .

its ridiculous to not to be able to see the actual goods!!

It's a ridiculous attitude. Who hasn't tried on swimwear? They usually have a protective strip over the gusset and ask you to try on over your underwear in respect of other customers but I never heard that you're not allowed to try stuff on.

I have just been back through the check out process again and it does not say there at point of sale that you cannot return for refunds or exchanges even if the box is opened.

I only discovered it when I was trying to sort out the returns

Here is their policy

Legally, you have to be able to inspect the item to check they are suitable. If it's in a package where you can't see it, then they have to allow you to open.

Lots of companies will try to get round this but it doesn't change the laws regarding it.

Effectively, the idea is that you aren't disadvantaged by buying online compared to in a shop. You can't be expected to tell something is or isn't suitable if you can't see it.