FINAL SALE: No returns of exchanges…flouting distance selling regulations?

[juicylipbalm]

Hi,

I recently purchased some clothes from an online retailer but one item was heavily discounted and said at the point of sale: Final sale: no returns or exchanges.

Unfortunately the skirt doesn’t fit so I’d like to return it. I was just going to cut my losses but surely under distance selling regulations I have 14 days to return this for a full refund?

Customer service are saying I can’t have a refund but I’m just wondering if I make this my hill to die on or not.

tia!

Ps I’m in England

If the company is in administration, then there isn't any money to refund you. It is all going to pay already existing debts. That's why they told you it is a final sale. We bought some things in Homebase a few weeks ago, and the cashier was very clear that there could be no refunds at all. The branch closed for good a couple of days later.

I see, this company isn’t in administration though, it’s a thriving online retailer and this one item was marked final sale.

Who is it? Their t and c don't override distance selling regs.

Thanks @tiredofthisusername, it’s Revolve. I’m second guessing myself after speaking to customer service.

You are entitled to a refund.
https://www.gov.uk/accepting-returns-and-giving-refunds#:~:text=Sales%20of%20this%20kind%20are,of%20receiving%20the%20goods%20back.

Hmmm Revolve look like they are not a UK based company. In which case the distance selling legislation doesn’t apply?

Thanks @getahhtmapub or should I say Peggy?) I wonder though if the onus is on the retailer to follow UK regulations regardless of where they’re based, if the consumer is in the UK? The package was also shipped from within the UK

No, there’s no requirement for businesses to meet the laws of where the consumers are based. That’d be a nightmare to enforce.

They have to comply with the legal system where they’re based. Revolve’s terms and conditions make it clear that they’re governed in the US and comply with US legislation, and any action you take against them would have to be in a US court,

Thank you so much. I will keep hold of the item.

No, that's not true.

Although, as to obtaining some sort of practical remedy, it might as well be.

BTW, OP the "distance selling" regs don't apply anymore, it is now "The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013".

Although it basically works in a similar way.

Then there is also the Consumer Rights Act 2015. A business doesn't have to be based in the UK to be subject to its provisions. If a business markets its goods or services to UK consumers, even if it's located overseas, the CRA (generally speaking, but with some exceptions) applies to those transactions.

My worry would be enforcement; if a UK court decides the seller owes you a refund, what happens if they just decide not to give you the refund anyway? At that point, enforcing the judgment could cost more than the amount under dispute.

"The package was also shipped from within the UK"

I missed this bit. They clearly have a UK presence in that case. If you do get a judgment against them then you have a lot better chance of getting your money back if they have a physical presence in the UK.

I had something similar around a yer ago. Online company claiming to be closing down. Had the word London in its name so pretending to come from the UK. The clothes did not match their description so I insisted on a refund. They refused. I got in touch with my bank and they initiated a chargeback.

IIRC the company was based in Texas, and it seems to spring up everywhere with slightly different names. The goods were shipped from China.