To refuse an exchange and ask for a refund?

[twelfthdoctor]

So this is a bit of a long one - ordered a lingerie mystery bundle (you get two random sets) from an online lingerie shop. It said on their website and I even spoke with the company to double check that their packaging is discreet. Was reassured yes it's all completely plain packaging.

Two days later a parcel arrives with a plain label but the contents written in huge handwriting across the front! Which caused some embarrassment as my whole family were round at that moment. And on top of that one of the sets is missing the underwear. I messaged customer service to complain and they apologised and promised to send the missing underwear out, which they did, but it arrived once again with XL purple underwear handwritten on the parcel! And then after having another look at the second set in the original package I realised there was a piece missing from that one too. I didn't notice at first because it's a small piece and I was preoccupied with the other mistakes already made. I contacted them AGAIN to say yet again there's an issue, they said they can exchange it or send out the missing piece but can't refund me, but at this point I'm no longer comfortable recieving parcels from them and just want to send it back and get a refund.

Obviously it's a tricky one because underwear usually can't be returned for hygiene purposes anyway but this was such an appalling experience and given that the set could be considered faulty since it's missing an item, wibu to ask customer service for an email for someone higher up like a manager to complain to and to push for a refund?

You can return underwear bought online, assuming it's unworn, still in the condition it was sold to you in and you're within the number of days their returns policy states.

Under Consumer Contracts Regulations 2013 you need to contact the business to tell them you want to return for a refund within 14 days of delivery.

Underwear is often exempt from these regs due to hygiene reasons. To be legally entitled to a refund it would need to have been sent to you in a sealed package which is still sealed when it's returned to them, or it was sent with a hygiene strip which is still attached.

If it wasn't supplied to you like this, they will be able to say it's exempt from the Consumer Contracts regs and do not need to refund you.

I would push for a refund on the basis they've failed to deliver the correct complete item on two separate occasions; you have nothing to lose by doing so.

There was no hygiene strip on it unfortunately, and opening the plastic sealed package it come in is how I discovered the missing bits... They've refused a refund but maybe I can just keep pushing until it's easier to just say yes

They may eventually give in, but because it's been opened, the exemption for underwear to the distance selling rules doesn't apply. They are not obliged to refund you. But keep pushing.