Can anyone advise on distance selling regs and swimwear?

[Tobermory]

Have a thread on the go already about this but hoped by posting here it might be read by someone knowledgable in legal matters.

I bought a few swimsuits of differing sizes from an online shop as I wasn't sure of sizing of the brand. They arrived, one was great, the others not so much. Just organising to return them and reading their returns policy it states

'We shall refund monies paid for goods if they are returned unopened, unworn and in their original condition with all labels intact within 7 days of delivery. Please note that for reason of personal hygiene we do not accept knickers, bras, corsets, hosiery or swimwear back unless they are faulty. '

I know I should have read this before ordering but I was in a rush, and .....

So. What can I do? I don't want two other ( quite expensive) swimming costumes that don't fit so well. With the distance selling Regs can the shop state they won't return costumes? If they argue what can I quote?

The regulations say you don't have any right to cancel goods "which by reason of their nature cannot be returned". The OFT take the view that this exception only applies where it is physically impossible to return the goods or where they cannot be restored to the condition in which they were supplied. They are therefore of the view that this exception may apply to clothes that could be distorted by being worn (nylon, latex, etc.) but that the exception does not apply to lingerie, etc. in general. Hygiene concerns may mean the goods cannot be resold but that is the retailer's tough luck. Provided you have taken reasonable care of the goods you still have the right to return them and get a refund.

Their returns policy as it stands is therefore contrary to the regulations. However, I suspect your swimsuits may fall into the category of clothes that could be distorted by being worn, in which case I'm afraid you are out of luck.

If you want to refer them to something official, paragraphs 3.41 and 3.42 of the OFT Guide for Businesses on Distance Selling (oft698) are relevant.

Prh47 Thankyou for your post.

Do you think the fact that other online stores will happily accept returned swimsuits strengthens my chances? In that they too could be distorted but are still returned.

Could I ask how you would go about it?

Legally it makes no difference. You could use it to suggest that this store has poor customer service.

The first thing you need to do is find out what they will actually do. The fact it says something in their returns policy doesn't necessarily mean they will follow that. They may be more generous.

That returns policy for an on-line shop is nonsense! (I am assuming that you did not not buy via auction on something like eBay.)

They haven't even got the time-line for terminating the 'Buy It Now' contract correct. If they get one part incorrect, the rest is void and you have a statutory 3 month returns policy.

www.legislation.gov.uk/uksi/2000/2334/regulation/10/made

You are entitled to terminate the contract within 7 days after the date of delivery (no reason needed). So you only have to inform them of your wish to terminate on day 8 after receipt of the item(s). You may be responsible for return postage costs if the on-line shop policy is written correctly. If their policy is wrong then you only have to make the item(s) avaiable for collection.

You will find that that most B&M shops do accept returns because 'hygiene reasons' are not acceptable to refuse a return. All new items of this nature usually have a protective plastic piece and as long as that hasn't been removed you are enttitled to a refund.

A good on-line shop will be aware of their trading responsibilities. If necessary, speak to Trading Standards in your area and they will pursue the matter with TS in your seller's area.