Refunds on items bought on internet - not being given a refund HELP!

[Readysteadife]

I bought some special period swimwear online for my 14 year old dd. I bought a selection of sizes and styles for her to choose from.it is delivered in little individual card box that you have to rip to undo and look at the product.

I went to arrange a return and it says I cannot return items from opened boxes . I had to open the box to look at the product and inspect it .

I have never heard of this before . I thought I had a right to return items bought online . I have emailed them and said I wish to cancel my order in the 14 days return that the uk has .

I think k they are an Australian company , but operate in UK.

They are called modibodi. There return policy says I cannot return opened boxes . I didn’t read this before hand.

please can someone tell me my rights ?

www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Normally you have 14 days from receipt but they may class it as a hygiene product which can be exempt. The sealed packaging does seem unreasonable though.

yes , you cannot see the product inside at all see photo

How am I supposed to see the product . I can’t even see the colour !

That is really odd. You'd have thought there would be a window so you can see inside . No warning on the seal either.

No apparently I agreed to the terms and condition when I bought the items . I didn’t even look at the return policy . I have never experienced this before and I buy a lot online !

I am not sure but I thought that it was quite normal not to be able to return underwear. I am not sure you have any rights. The items are not faulty so they do not legally have to offer you a refund/exchange etc. It is up to the consumer to know the stores return policy for change of mind returns before ordering.

I bought a selection of sizes and styles for her to choose from

So the idea was that she would try them on then return what she didn't want/didn't fit?

Yeah that's standard with clothing that touches your 'intimate' areas.

I assume you saw the colour online so don't know why a window would be necessary for you to see what it looked like.

It's normal to not be able to return underwear.

Yeah it's pretty standard to not be able to return underwear although you have an argument with the crop top. Why is that sold as period underwear though?

i have returned swimwear before and lots of it . I am not sure why this is any different . I can’t even look at the items

Or see the actual size ?

Swimwear has those protective plastic things in the crotch

I just found this on the internet

Contrary to popular belief, underwear and swimwear are not exempt from the DSR. Nothing is for 'hygiene' rules. A customer can be expected to take reasonable care of the goods, but even if they don't, this doesn't remove the obligation to refund. If a company felt that goods had not been properly taken care of before return, they'd have to pursue a breach of statutory duty against the consumer. This is entirely separate to their obligation to refund.

By the way it’s not underwear it’s swimwear .
I have returned swimwear in the past to Amazon, asos , next , m&s to name a few . You can definitely return swimwear .

i have to open the box to see the product !

That’s just barmy! Can you approach it from distance selling regulations perspective/ not fit for purpose. Is it clear on the returns policy that items come in the box I can’t return them? I don’t think it matters too much if this is buried in the T&C and it’s very misleading. You could threaten trading standards?

Which has some good advice on online sales www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online-aqsD32m9r5P3

Firstly, IANAL.

I have had a quick look at their Ts&Cs and they are not compliant with UK law when it comes to online selling, so I suggest you screen-shot their returns policy of only offering credit note or exchange in case they update it after you complain. This is acceptable for in-shop sales where goods can be inspected, but not for online sales.

Consumer Contract Regulations UK are clear that online sales have additional protection of a full refund (so long as notified within 14 days and returned within 30 days) because you can't actually see the physical item when you buy it, but rely on photographs and descriptions.

It is correct that goods with a seal for health protection and hygiene reasons that's been broken can be outside the right to cancel. But it could be argued in your case that goods sealed in a box where the items are not visible at all is an unfair contract term.

They of course will reply that you opened the boxes when it was clearly stated on the boxes that they couldn't be returned once opened (although it does say if you ordered a bundle pack one item can be opened to try on over clothing but the rest of the bundle should be unopened).

How much did the items cost? If more than £100 then if they won't budge on a refund despite their ts&cs not being compliant with Consumer Contract Regulations i'd try to get a refund via the credit card charge-back route.

I'd also start a thread on AIBU to warn other people that if they order from them they're going to have to decide whether they want to keep the product based on whether or not they like the look of a sealed cardboard box.

Good luck!

@KeepQuietAndCarryOn thank you !
I spent over £100😨

I feel really misled , I have never bought something online and not been able to look at it .

The Distance Selling Regulations no longer apply. They have been replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This states that the right to cancel does not apply "in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery".

This is not ordinary swimwear. It is special swimwear for periods. They may therefore be able to argue that the hygiene exemption applies and that they can only accept returns if the packaging is unopened.