Distance selling regs - non refundable items

[ProjectKettle]

Does anyone have any knowledge of the distance selling regs when an item is non refundable in a retailers refund policy? I bought a breast pump from Amazon (on my credit card for £239) but changed my mind about the item (i'd actually prefer a different model, which i had already ordered). I didn't realise that i wouldn't be able to return the wrong item. I haven't unsealed the box so it is clear the item cannot have been used as the box has to have a cardboard strip torn off to open.

Amazon have told me they cannot refund the item under their refund policy and offered a £50 gift card as a gesture.

However, i had a recollection that under distance selling regs, i can change my mind within 14days? Maybe i've got that wrong. If i've got to suck up the loss then i will but just wanted to make sure i wasn't being fobbed off my Amazon first!

the seller would have made clear no returns
unless faulty

there is no legal requirement to provide refunds for no. faulty items within 14 days

This is under their terms and conditions
the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items
You say it's unopened and that is clear from the box so they should accept it.

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/

there is no legal requirement to provide refunds for no. faulty items within 14 days
There is for online or distance selling purchases.

If you bought something from a company based outside the UKYour rights might be different if you bought something from abroad.
You should check the seller’s terms and conditions to find out if you can return the item. If you can return it, you should check who will pay for the return postage and if you can get the original delivery cost refunded.

the seller wasn’t uk based?

not even non uk based

and i’d hedge a bet this wasn’t uk based

link to the item op?

there is no legal requirement to provide refunds for no. faulty items within 14 days Yes, there is, if bought at a distance (including online). Not for items bought in store.

https://www.gov.uk/accepting-returns-and-giving-refunds:
Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods are not faulty. Sales of this kind are known as ‘distance selling’.

You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.

You must refund the customer within 14 days of receiving the goods back. They do not have to provide a reason.

This is wrong. As the page you have linked in your second post says, you have the right to return most items bought online and receive a full refund even if the item is not faulty, provided you return the item within 14 days of receipt. The seller's returns policy cannot override this.

If the breast pump had been unsealed, Amazon could argue that it is not suitable for return for health or hygiene reasons. However, OP tells us it is still sealed. I therefore cannot see any valid reason for Amazon refusing a refund.

i assumed not uk based

no legal requirement if not uk based

op should link to item…

Despite what a PP said, in the UK there is a legal requirement under the Consumer Contracts Regulations.

You have 14 days from the day you receive the goods to cancel, you then have a further 14 days to actually send the goods back.

There are some exceptions though, in the case of goods that have a seal for health protection or hygiene reasons etc and that seal has been broken then you cannot cancel.

However, you say that the seal has not been broken so Amazon cannot refuse on those grounds.

Indeed, even their US site (and the US generally has lower standards) accepts the return of breast pumps that remain sealed:

• Breast pumps must be returned unused in their original condition with the factory seal and packaging intact.

https://www.amazon.com/gp/help/customer/display.html?nodeId=GKM69DUUYKQWKWX7#GUID-D26A35E8-EE23-4B88-8B62-B357ABA6DDEE__SECTION_89E56C2CFAF24C3E97E77D2E5FA9F1AD

the op hasn’t clarified whether uk based

id hedge a bet, they’re not

Why? Here is Amazon in the UK selling a Medela breast pump for £239 (the exact amount mentioned by the OP) which I could get tomorrow if I order within 5 hours:

https://www.amazon.co.uk/Medela-Freestyle-Hands-Free-Wearable-connectivity/dp/B0BKGM4WSF?th=1

Not sure whether you think OP or the seller was not UK based. However, OP quotes the price in sterling and the seller is Amazon, so the regulations clearly apply. Indeed, even if the seller is not UK based, these regulations still apply if they sell into the UK.

https://amzn.eu/d/eAHK0pa

well this is the only one that is £239

and based in
india

It’s all set out on the Amazon’s website inc acknowledgment of your right to return within 14 days. They do carve out some sorts of products but specify that the carve out applies “where the item has been unsealed”. https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=G34ZKZY9677EFNRA. (PP had already linked to the relevant part of the t&c. )

Just keep pushing and send them the links to their own t&c. The person you’re speaking to is wrong.

yes and the £239 link is based in india and charges GBP

but even if that one
it says 30 days

id push op

you’ll have to pay postage though

It doesn't matter where the seller is based if they sell in the UK they are bound by UK law.

incorrect

see above citizens advice link

relevant bit here

If you bought something from a company based outside the UKYour rights might be different if you bought something from abroad.
You should check the seller’s terms and conditions to find out how to complain. Many websites, including Amazon, Etsy and eBay, have their own complaints procedure or dispute resolution service. You should use this to tell the seller about the problem.
If you bought something using PayPal or a card, check our advice on getting your money back.
If you’ve done this and aren’t getting anywhere, you can get advice from the UK International Consumer Centre on the UKICC website.
If you’re not sure whether you’ve bought something from abroadCheck if a company is based in the UK on GOV.UK, if you’re not sure.
If you bought something from a website, like Amazon, Etsy or eBay, you should check the seller’s details to find out where they’re based.

Meant to say Amazon are as a third party uk seller

If an online seller is targeting UK customers, they must comply with UK law. However, if I go to an online seller based in, say, Australia with a website clearly aimed at Australian buyers and buy something from them, they do not have to comply with UK law. In this instance, the seller was either Amazon or they were selling into the UK through Amazon. Either way, UK law applies.

we shall see 🤷

Amazon is kind of careful about these things

The £239 one which arrives tomorrow is sold by Amazon. So not a Marketplace order.

Hi everyone, sorry for late return to the thread. Been busy with the baby!

This was the item - im in the UK and bought through the UK amazon site. It was next day delivery hence buying from Amazon. Really annoyed i didnt go through a bigger retailer now but we all live and learn. I'll read all the replies in detail now.

https://www.amazon.co.uk/gp/aw/d/B0B5HFP4Y1?psc=1&ref=ppxpop_mob_b_asin_title

Editing to tag @marzipanlover81 who asked the original question.