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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I ordered goods from a website, and the wrong size was sent.in

Customer Question

I ordered goods from a website, and the wrong size was sent.in error and fault of the website. It was underwear and I tried on before realising that they were not the size ordered> I am now being refused a refund because I have tried on the items, and they have a rule that you must not try on if you want a refund. Considering that they sent the wrong thing in the first place, is there any thing that I can do?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

If you look at the Distance Selling Regulations there is NOTHING in that that says underwear is excluded.

Please see the OFT guidance:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

It does NOT exclude underwear.

They can not therefore refuse.

If they do then you can issue proceedings in the small claims Court.

You can do this online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

But they cant refuse to refund you.

I hope this helps.



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Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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