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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73866
Experience:  Qualified Solicitor
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If I purchase from an online site where their terms say they

Customer Question

If I purchase from an online site where their terms say they don't offer refunds, can I get a refund if the product is useless
JA: Where is this? And just to clarify, when was the purchase made?
Customer: From a UK site and last week
JA: What steps have you taken so far?
Customer: Complained and asked for a refund
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The company says that their terms and conditions are clear and that they don't offer refunds due to hygiene
Submitted: 12 days ago.
Category: Law
Expert:  Ben Jones replied 12 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 12 days ago.
What further information do you require?
Expert:  Ben Jones replied 12 days ago.

Please copy and paste the seller's terms on here

Expert:  Ben Jones replied 12 days ago.

and what do you wish to purchase?

Customer: replied 12 days ago.
British Snoring & Sleep Apnoea Association Returns Policy
We hope that you are pleased with your order but understand that on occasions there may be a reason that you would like to return an item to us. We do aim to make this process as simple as possible.We are sorry but in the interest of hygiene and health, we can only refund on products that are faulty.14 days returns policy for peace of mind
Our returns policy is normally valid for 14 days from receipt of an item. You therefore have 14 days from the date you receive your item from BSSAA to information our Customer Services team that you wish to return the item if it is unsuitable.Exceptions
We are sorry but in the interests of hygiene and health, we cannot refund any products that have been opened or unsealed after delivery.Faulty goods or damaged products
In the unlikely event that a product is faulty, please email:***@******.*** or call our Customer Services team on 01284 717688. (Monday to Friday 9.am to 5pm). We will advise where and how the items should be returned and provide you with the appropriate paperwork, including our free of charge returns label.Please note, if an item develops a fault through misuse or user damage and is not the result of a manufacturing fault or shortfall we will be unable to exchange or refund your purchase.Refunds
We will refund you within 14 days of the goods being returned to us. If you have requested an exchange, a replacement order will arrive in approximately 7 days on receipt of your product being returned to us.It's a mouth guard
Expert:  Ben Jones replied 12 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. The standard position is that any items bought online have an automatic 14-day cooing off period. There are however certain exceptions, mainly to do with bespoke items and also items which due to hygiene reasons cannot be returned. In your case, if the product you have is something you try on and which can have its sterility affected, it will be excluded from such cooling off rights.

That does not mean you have no rights to return it though and there are some other rights you can rely on.

When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 12 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.