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How do I stand with the online purchase which I feel is not fit for purpose?

44 replies

Picklemeyellow · 15/12/2023 15:54

Due to thinning hair, I wear hair toppers and have done so for over 10 years. I always purchase my toppers online from various sellers and to date have not experienced many issues.

However, I have recently purchased a new topper from an Etsy shop, a seller I’ve never used before. The reviews looked good with a few photos of customers wearing their hair pieces and they all looked good.

In case anyone is unfamiliar with toppers they are like a half wig with a base and pressure sensitive clips on the underside of the top piece which you clip onto your own hair and then intergrate with your bio hair. When I purchase a new topper I usually sew in a few additional clips for added security.

This new topper had several photos showing the top piece and one photo showing the base, which was smaller than I am used to and had only 2 clips but looked large enough to sew 2 extra clips in.

However, now it has arrived I have a problem with it. It came with a sticky label across the opening of the package stating it was a tamper proof label and if opened the item can not be returned.
The hair and topper itself is nice but the base area is so much smaller than I was expecting (the listing does not state the size of the base). It does not have a big enough area to sew in any additional clips. I’ve tried it on but with just 2 clips it’s extremely unsecure and moves about on my head. I can not see how this would be secure on anyones head tbh. It’s really not fit for purpose, I can not see how I can make it wearable and secure.

I am aware there are rules regarding wigs and toppers and you can’t return if you’ve simple changed your mind because they are classed as medical and therefore a potential hygiene issue. But surely as this topper is unfit for purpose/ unwearable, could I be entitled to a refund? The seller says no because I opened the package and the base is clearly shown on a photo in the listing, my argument against this is the hair was package in a way so the base was not visible unless opened (hair was folded over the base) and the base on the photo appears larger than IRL and there are no base sizing listed. She still says her no return policy stands and I should have known the size of the base by looking at the clips (clips can come in various sizes so this isn’t something to gauge by).

I’m so very disappointed as it’s £150 down the drain.

OP posts:
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ArseInTheCoOpWindow · 15/12/2023 17:46

Lougle · 15/12/2023 17:26

It says:

"Unfortunately, we cannot accept returns...if the tamper-proof packaging has been opened...This is for hygiene reasons and does not affect your statutory rights in relation to faulty items."

They are the terms the OP agreed to and are (as far as I can see) in line with the law.

So the distance selling regulations apply to everything except wigs which have a ‘tamper proof’ seal in them?

Pull the other one. They just don’t want to accept returns which is why they are sticking the sticker on.

MoreRainbowsPlease · 15/12/2023 17:47

Surely the fact it doesn't fix securely to your hair means she should refund it as it is not fit for purpose. I wonder if she would change her mind if you left a review stating that the clips are not strong enough to secure the topper. I buy wigs on behalf of my DGM and we avoid ones if there is a review saying it doesn't fit securely and with any hair piece that is an essential function.

Picklemeyellow · 15/12/2023 17:48

MoreRainbowsPlease looking at the reviews, most seem to be for the wigs she sells, I can not see any for toppers, I wonder if she has actually sold many? Wish I’d researched this Etsy company more, my fault I suppose. You live and learn!

OP posts:
ArseInTheCoOpWindow · 15/12/2023 17:53

These are the only things you can’t return.

How do I stand with the online purchase which I feel is not fit for purpose?
Lougle · 15/12/2023 17:54

Picklemeyellow · 15/12/2023 17:46

Lougle But it’s not a case of ‘isn’t as I’d like it to be’ though is it? I’d like it to be wearable but it just is not. I’ve just tried it on again and shown it to my husband, one light pull on the side and it slipped over my face. There is no way of securing this hair piece to make it wearable.
I can not imagine any other product which you would purchase and if it’s not wearable or fit for its actual purpose you’d have no consumer rights over it?

In which case you're saying it is inherently faulty. If you think it's inherently faulty that's a different process. But your OP implied that you didn't think it was going to work unless you modified it and are disappointed that you can't modify it.

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods/

You'll want to return on the grounds that it is unusable (‘not fit for purpose’) but do bear in mind that your OP admits that you knew it wasn't 'enough' and intended to add extra clips. The CAB article says that you don't have those rights if you 'knew about the fault prior to purchase', which you did (you intended to add extra clips).

Anyhow, you can use the CAB tool to help you decide what to do.

Return faulty goods

Find out when and how you can return faulty goods for a refund, repair or replacement.

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods

DRS1970 · 15/12/2023 17:55

Because of the nature of the product you would only be able to return it for refund or exchange if it were defective, or you can demonstrate it is miss sold/not fit for its intended use. I personally feel your best option is to raise a dispute with Etsy, or PayPal/credit card provider. If you can convince them you may have a chance to recoup your losses.

ArseInTheCoOpWindow · 15/12/2023 18:02

If it wasn’t enough it was never fit for purpose. Thats all she needs to say whether she was going to see bits on it or not. If it won’t stay in her hair then its not performing its function.

ArseInTheCoOpWindow · 15/12/2023 18:03

I used to lecture this. It’s not fit for purpose/distance selling. You need a refund.

Picklemeyellow · 15/12/2023 18:07

ArseInTheCoOpWindow thank you.
Lougle I have always added a few extra clips on my toppers as I like them to feel very secure but that’s just my thing and isn’t because any topper previously purchased were unfit for purpose most would be find as they were sold.
I assumed (as I expect anyone purchasing this product) this company was selling an item which would be wearable/workable in it’s purchased form, straight out of the package, there was and is no instructions on how to make this wearable so therefore it should be fine from the get go. She has offered no help or advise how her product (which I have advised does not work for me), couldbe made more secure for me to use. You mention a ‘fault’ before purchasing but new products should not be sold with a fault of any kind, I assumed it would work or at the least I could make it workable but sadly that’s not that case.
DRS1970 I am paying via Klarna so could contact them for advice.

OP posts:
Picklemeyellow · 15/12/2023 18:10

ArseInTheCoOpWindow I can’t see it any other way than this. In what other scenario would you purchase something brand new then find out it doesn’t work and then discover you aren’t entitled to a refund or at least a replacement? She is just using this tamper seal thing as an excuse not to accept any returns.

OP posts:
Lougle · 15/12/2023 18:12

Picklemeyellow · 15/12/2023 18:07

ArseInTheCoOpWindow thank you.
Lougle I have always added a few extra clips on my toppers as I like them to feel very secure but that’s just my thing and isn’t because any topper previously purchased were unfit for purpose most would be find as they were sold.
I assumed (as I expect anyone purchasing this product) this company was selling an item which would be wearable/workable in it’s purchased form, straight out of the package, there was and is no instructions on how to make this wearable so therefore it should be fine from the get go. She has offered no help or advise how her product (which I have advised does not work for me), couldbe made more secure for me to use. You mention a ‘fault’ before purchasing but new products should not be sold with a fault of any kind, I assumed it would work or at the least I could make it workable but sadly that’s not that case.
DRS1970 I am paying via Klarna so could contact them for advice.

https://www.klarna.com/uk/return-instructions/

This is Klarna's process. I hope it helps.

Return instructions | Klarna UK

Follow these steps to ensure a smooth return process.

https://www.klarna.com/uk/return-instructions

Picklemeyellow · 15/12/2023 18:50

Thank you Lougle

OP posts:
orangeguy · 15/12/2023 19:30

ArseInTheCoOpWindow · 15/12/2023 18:03

I used to lecture this. It’s not fit for purpose/distance selling. You need a refund.

Doesn't it depend on the country the company is registered in?

flyingbytheseatofmyrants · 15/12/2023 19:42

Open a case with Etsy. They are really good at refunding if your reason is legitimate! They are a US based platform and so a lot of the T&Cs are based on US law regarding returns but any seller trading in the UK has to follow UK law - in this case if, as a PP pointed out, wigs are not exempt from distance selling regs then the seller has to refund if you contacted within 14 days

JezzJazz333 · 16/12/2023 14:40

How awful for you op. Just before Covid, I trained to become a wig fitter, and business was doing really well and then Covid arrived and unfortunately it greatly affected the business. However, I still receive the odd phone call for advice and I try and help if I can. One lovely lady rang me because she had just paid a lot of money for a wig that doesn't fit her properly, it's never fitted her properly, she rang the owner who served her, but all the owner could say was that there is a small note stuck on the mirror in her salon advising clients of her no returns policy. This lady wasn't feeling very well at the time, didn't see the no returns policy, bought the wig out of desperation to try and feel better about herself. Unfortunately, on her return home, she became more and more unhappy with it, because it just didn't fit her properly and then she became unwell. So we wrote to the owner to explain and for her to consider accepting the wig back for a refund, she didn't respond. The wig wasn't a customised one, it was literally taken off the shelf. The owner said that every client who leaves her salon is very happy. I have a photo of this lady sat in her salon looking anything like being happy, wearing the ill fitting wig and it just looks dreadful. The owners hasn't been very helpful, didn't offer to help, just took her money and that was it.

ArseInTheCoOpWindow · 16/12/2023 15:46

orangeguy · 15/12/2023 19:30

Doesn't it depend on the country the company is registered in?

If it’s selling in uk it should be using UK regulations.

Picklemeyellow · 17/12/2023 11:32

JezzJazz333 · 16/12/2023 14:40

How awful for you op. Just before Covid, I trained to become a wig fitter, and business was doing really well and then Covid arrived and unfortunately it greatly affected the business. However, I still receive the odd phone call for advice and I try and help if I can. One lovely lady rang me because she had just paid a lot of money for a wig that doesn't fit her properly, it's never fitted her properly, she rang the owner who served her, but all the owner could say was that there is a small note stuck on the mirror in her salon advising clients of her no returns policy. This lady wasn't feeling very well at the time, didn't see the no returns policy, bought the wig out of desperation to try and feel better about herself. Unfortunately, on her return home, she became more and more unhappy with it, because it just didn't fit her properly and then she became unwell. So we wrote to the owner to explain and for her to consider accepting the wig back for a refund, she didn't respond. The wig wasn't a customised one, it was literally taken off the shelf. The owner said that every client who leaves her salon is very happy. I have a photo of this lady sat in her salon looking anything like being happy, wearing the ill fitting wig and it just looks dreadful. The owners hasn't been very helpful, didn't offer to help, just took her money and that was it.

I’m so sorry Covid has had that affect on your business, such a shame as the community needs more understanding suppliers like yourself.

There seems to be an uptake on more and more unscrupulous suppliers with zero returns policies or selling shoddy pieces straight from China.

Other suppliers seemed to have hiked their prices up ridiculously. I’ve purchased my last 3 toppers from the same supplier, she makes them herself and they are lovely the last few pieces (purchased just 2 years ago) where £380. Now the very same piece is £800 and many of her toppers are well over £1000.

It’s so tricky purchasing wigs and toppers online too, often the photos do not reflect the genuine item and they display the colours in the tiniest of boxes.

OP posts:
Picklemeyellow · 17/12/2023 11:34

flyingbytheseatofmyrants I’ve contacted Etsy so we’ll see what they comeback with.

OP posts:
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