Online return refused

[MidnightMeltdown]

I ordered some bras online to try on (a couple of different styles and sizes). I think the company is based in the US, but I didn’t know this when ordering, as it is an international business with concessions in the UK, and they offer free delivery to the UK.

Two days after delivery, I went to return the items that didn’t fit, only to discover that a coupe of them are non-returnable because they are sale items. Can they do this? My understanding was than under UK consumer law, distance selling regulations apply, which mean that the consumer has a right to cancel within 14 days, regardless of whether they are sale items or not. This applies to any business selling to UK consumers (including international businesses).

I have contacted the company and am awaiting their response, but am wondering what the next steps would be. Does anybody on here know? I paid via PayPal so wonder whether I could open a dispute with them if the business is unhelpful.

Are they targeting UK customers? As in, the website shows prices in pounds, not dollars? Did the items ship from the US? What do the T&Cs say?

The reality is that it's tricky to get companies from the US, China etc to engage. PayPal has a dispute process that you could try.

Yes, the website shows prices in pounds and has en-gb in the link. I believe that the goods were sent from the US as there is a customs label on the package. However, from the website, there’s no way of knowing this (unless perhaps you go digging into the small print somewhere). It looks like a COS website, where they have one for each country.

The items do say ‘final sale’. However, I thought this meant, final reductions / sale ending, not no returns! You aren’t allowed to do that in the UK - consumers have a statuary right to return, regardless of whether or not they are sale.

Thank you. If the company aren’t helpful I will give PayPal a call, or failing that, my bank, which is connected to the PayPal account.

Token American here. Final sale does mean non returnable. I stay away from it like the plague.

I had this once, and it was a subtle wording thing. You're not returning, you're exercising your right to cancel or something to that effect. And you've only got 14 days.

Final sale means no returns here (not the UK or the US), and this is always stated on the website.

I had this recently with a pair of football boots for DD. They were also in the sale. I went through their returns process and it was refused so I emailed to query it. They replied to say sale items could not be returned. I replied to say that this wasn’t clear from their returns policy (which I had checked before I ordered as I hadn’f bought from them before) and explained that, regardless of the returns policy, I had a right under English law to cancel and that, with a .co.uk website, a UK office address and prices in £, I had no reason to think that that wouldn’t apply. They issues ne a returns label!

This PP is correct. There is only a statutory right of return where there is a problems, it that you bought the wrong side. Under distance selling regs you do have the right to cancel, best crack on though.

You have 14 days to tell them you want to return the items, then another 14 days to send it to them, and then they must refund the full cost plus the cost of basic postage.

www.gov.uk/accepting-returns-and-giving-refunds

Thank you all. I have sent them an email said that this is against UK consumer law. They haven’t replied yet, but I got an auto-reply saying that they would respond in 2-3 days. Will see what they say…

They might be able to get away with doing that to US customers, but it’s not legal in the UK if you buying online. The customer cannot see the goods in person, they are buying from an online picture, so under distance selling regulations, they have a right to cancel within 14 days of receiving the item. Here, final sale would only apply to goods that you are buying in person, in a physical store.

I’m shocked that an international business wouldn’t properly research consumer laws in other counties be before targeting products at them.

How much money are you set to lose? Bit naughty of them but you could always try selling them on vinted if no joy

You are entitled to return the item within 14 days of delivery, regardless of whether it was sold at full price or on sale. Even if the seller’s terms and conditions say discounted items cannot be returned, those terms cannot override your statutory rights under distance selling regulations. If you open a dispute through PayPal, they will usually ask you to return the item at your own cost, but the seller will still be required to accept the return.

They don’t need to refund postage or pay for it to be returned.