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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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WE ARE SMALL MAIL ORDER COMPANY PRODUCING HAND MADE

Resolved Question:

HI WE ARE SMALL MAIL ORDER COMPANY PRODUCING HAND MADE KNITWEAR (NOT BULK PRODUCERS) IN SOME INSTANCES WE REDUCE THE PRICE OF A GARMENT SAY FROM 89.00 TO 59.00 FOR A PERIOD AND WE CALL THIS "A PROMOTION PRICE" NOT SALES. WE STIPULATE ON THE WEB SITE SHOP THAT ANY ITEM PURCHASED UNDER A PROMOTION PRICE CAN ONLY BE EXCHANGED FOR A DIFFERENT SIZE OR OTHER STYLES, WOULD BE CORRECT IN THIS METHOD?

any item paid at full price -refund is made.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with.
The sale items are they purchased online only?
Customer: replied 2 years ago.

yes this is for only purchase or and by phone

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. Under the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2014 they have 14 days to change their mind for ANY sales conducted at a distance.
They are entitled to a full refund if they change their mind within 14 days of receipt. I am sorry you can not just offer an exchange on style/sale item. You MIUST offer a full refund.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
For more details please see:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

SORRY, I ALSO WANT TO SAY THAT THE GARMENT SHOULD BE RETURNED IN THE SAME CONDITION AS SENT IE WITH THE SWING TAG INTACT AND ALL ITS PACKAGING?

Expert:  Ash replied 2 years ago.
Sorry - yes. That is fine.
You can say it all must be in tact. Yes that is ok.
Does that clarify?
Alex
Customer: replied 2 years ago.

thank you, ***** ***** that part of my further question did not come through to you.

The question was about postage, I understand that the customer is to receive a refund if the item is returned, however postage is a cost out of our control, at the moment we do not refund postage, is that correct.

Expert:  Ash replied 2 years ago.
As long as you make it clear you wont refund delivery costs then no.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex