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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13414
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I purchased some underwear online. Tried on the bra only and

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I purchased some underwear online. Tried on the bra only and it didn’t fit, so I returned it. The seller refuses to give me a refund as they claim underwear is non-refundable
Assistant: Where is this? And just to clarify, when was the purchase made?
Customer: U.K. and June
Assistant: What steps have you taken so far?
Customer: i have tried to e-mail several times and been ignored. I have started a money claim online and they are still refusing as they claim the items were sealed for hygiene- but they were in a cardboard gift box and only the stockings sealed in plastic but they were not unwrapped
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi,

Thank you for your query. Were the items faulty in any way?

Customer: replied 14 days ago.
No, just did not fit (I only tried on the bra)

Hi,

Thank you for the clarification. Under the Consumer Rights Act, you are well within your rights to return products and request a refund for up to 2 years after purchasing a product, if you can prove the product was faulty.

If the product was not faulty and very did not fit, the same rules do not apply. It is then yo to the discretion of the retailer.

In your case, if they are stating the items were sealed for hygiene purposes and they will not refund anything not un packaging, I am afraid this will stand.

I am sorry if this was not the answer you were expecting.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

Many thanks

Customer: replied 14 days ago.
But only one item was sealed and was not opened. Plus do they then have to return the items to me? As of now, they have the items - that I’m sure they have re- sold plus my money.
Customer: replied 14 days ago.
Also, why would there be hygiene issues with a bra? You can try one on in any shop. The knickers, I can understand- but there was no seal or wrapping in them.

Hi,

If they already have the items, I would suggest that you report the retailer to your local trading standards department. They should be based in your local council. They will investigate and make a decision.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks

Customer: replied 14 days ago.
Hi, sorry to keep asking questions but should I involve trading standards if I’ve already opened a claim on money claim online? Plus, doesn’t the distance selling regulations state that I have the right to inspect the items? Also - why would there be hygiene issues with a bra? Only the stockings were sealed and they were returned unopened.

Hi,

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

chatham-chamber and 2 other Law Specialists are ready to help you

Hi,

Yes you should go to trading standards now. That would be separate.

I note what you say regarding the issues. This is a matter for trading standards to take up with them.

I hope this helps.

Customer: replied 14 days ago.
Are there no legal arguments attached to the issues I raised?

Hi,

Your arguments ould be based on the right to a refund under the consumer rights act 2015. The following link may assist: https://www.gov.uk/accepting-returns-and-giving-refunds

Customer: replied 14 days ago.
So there is nothing about what constitutes “sealed” or what is a hygiene issue? What about my prior question about the distance selling regulations? Plus what about the issue of the items. The seller has them. I would like to find out my standing from a legal point of view

The distance selling regulations have been superseded by the consumer rights act for individuals.

As for the items, as the seller has them, you can only recover your monies through the courts or with the help of trading standards

Customer: replied 14 days ago.
I found nothing relevant at the link you provided me.
Customer: replied 14 days ago.
Please can you answer my questions in regards to the consumer rights act?

WhT is your question about the consumer rights act

Customer: replied 14 days ago.
Does the CRA state that I have the right to inspect the items? Does it clarify sealed or what constitutes the need for it? Does it clarify a procedure if the return is rejected & what the seller must do?

Surely Trading Standards are going to be looking at these same laws? I would rather get the answers from a lawyer so I am prepared. This is why I’m asking all these follow up questions.

Yes the consumer right does cover this

Customer: replied 12 days ago.
Can you please explain
Customer: replied 12 days ago.
Thank you. Can you please explain how it covers this. Where do I stand in regards to the questions above