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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Is this Return Policy legal - I mean Section 3, Point D: RETURN

Resolved Question:

Is this Return Policy legal - I mean Section 3, Point D:

RETURN POLICY:
1. Refunds within 30 days of receiving the item: Item can be in ANY CONDITION.
Postage charged in original order will not be refunded.

2. Refunds after the 30 days period of receiving the item: Item must return new and
un-used, with a copy of the printed invoice. Postage charged in original order will
not be refunded.

3. If sending item to us for Resizing or Exchanging for different size, we will Resize /
Exchange and send it back FREE of charge, with the following details & exceptions:
A. LINKS BRACELETS: Send for adding or removing links ANY TIME.
B. BANGLES: Send for exchange for a different size within 30 days.
C. Free resizing & exchanging are limited to one resize or exchange, and to UK
orders.
D. Where different prices apply to different lengths, added links will be charged
according to the price for the required length, removed links will not be award
refund.

4. Buyer pays for posting items to us.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you think it may not be?
Customer: replied 3 years ago.

Hi,


 


Yes, I sell links bracelets, standard and shorter than standard lengths have one price, but where I need to extend by adding links, I am charging more. And they can send it back for resizing. So here, I am telling them that I will charge more if they return for extending, but will not refund if removing links form a bracelet that may have cost more than the standard.


Regards,


Eran Adams.

Expert:  Jo C. replied 3 years ago.
Ok.

So why should there be anything wrong in that?
Customer: replied 3 years ago.

Nothing in my eyes. I want to make sure I am legal: Just in case I did not explain myself properly, here is an example:


 


A standard length bracelet is 20 cm, cost £20.00.


The same in 21 cm cost £25.00


A buyer pay £25.00 for the 21 cm length and return it to remove links to 20 cm length. So now he have a bracelet that cost only £20.00. But I do not want to refund the £5.00.


 


That could be consider to be a replacement to a cheaper item, not a resizing by the eyes of the law.


 


So, is that legal?


 


Regards,


Eran.

Expert:  Jo C. replied 3 years ago.
I don't see anything wrong in it per se.

Obviously if this is distance selling then you have to offer a quibble free refund for the first 7 day but if a buyer wants you to make the item to his specification then you are entitled to be paid for the exercise of skill upon it if you choose to charge for that.

The fact that his purchase is more expensive then it need have been is really his problem.

What he should do is send the item back and ask for a refund and then purchase a 20 cm bracelet. If he hasn't worked that out though then its not for you to tell him.

If you haven't reduced the size of the specific bracelet though but just sent out a new 20 cm one then you do need to offer a refund for the difference. I suppose you would always be vulnerable to the allegation that you had done that.

Can I clarify anything for you?

Jo
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