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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice
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Hi, my husband purchased some rather expensive earring from

Resolved Question:

Hi, my husband purchased some rather expensive earring from Liberty's online. On opening the box I knew they were wrong. We called Liberty's on the 8th August to return them which we did, due to the value they had to be signed for, checked etc by the courier. This was within their 14 days returns window. On Monday 1st September, they have written to inform us that due to their T&C's they are unable to provide a refund and wish to return the goods. Earring are exempt from being returned. They also state that refunds will be dealt with in 10-15 days, obvioulsy this time elapsed. I have informed them that we will not accept delivery of the goods as I believe that in them arranged to have them collected and knowing what they were has somehow passed ownership/ acknowledged that they can be returned. Also there is the time delay in processing the refund. Any advice greatly received Caroline
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am afraid that your position is just simply wrong which is why they are refusing. Its just plain wrong to say that because they accepted them originally that means they cannot refuse.
Did you return them within 7 days or 14? It would affect your statutory rights.
Customer: replied 2 years ago.

Oh OK, we returned them within 7 days.

Why did they collect them knowing that they were non-refundable ? We called, spoke to their customer service advisor - my husband bought them obviously not knowing about the non-refundable status of the product.

Why has it taken them almost a month to come back to us and NOW inform us that they are non-refundable ?

Expert:  Jo C. replied 2 years ago.
Well, probably because they have only just noticed.
When you say they were wrong, do you mean they sent the wrong product?
Customer: replied 2 years ago.

Not sure you are answering my questions.

Why did you ask about statutory rights ?

The arranged collection of a pair of earrings - why did they do this if they knew they were non-returnable.

Expert:  Jo C. replied 2 years ago.
Would it be possible to give me the information I asked for?
Customer: replied 2 years ago.

Sorry, They were a present for my birthday and I didn't like them.

Expert:  Jo C. replied 2 years ago.
The Sale of Goods Act doesn't apply the because its just that you disliked them rather than that they had a fault.
The question is whether or not the Distance Selling Regulations apply.
I think the reason they are trying to contest this is that they are offering a longer period for returns than the DSR demands. They may well have restrictions upon that which have the effect of excluding products affected by hygiene issues.
However, you returned this within the first seven days of sale and so the DSR does apply on the face of it. There has been some consideration of this issue by the OFT. Of course, the OFT does not make law or interpret it but it is considered persuasive.
It is very unfair upon retailers that they are in a position where they have to honour the DSR with products that cannot be sold again for hygiene reasons. There is a general exception to the DSR for products that 'which by reason of their nature cannot be returned'. The OFT have taken the view that this exceptional applies only where returning the goods is a physical impossibility or where they cannot be restored in the same physical state as they were supplied however they are cared for. That is not the case with earrings.
So, in short, there is almost certainly a claim under your statutory rights of the DSR unless they are going to argue that you have damaged them or otherwise rendered them unfit for sale.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience: Over 5 years in practice
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