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Qwertee (and similar sites), returns and refund

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  • 03-03-2021 7:50pm
    #1
    Suckit
    Registered Users Posts: 11,215 ✭✭✭✭


    Does anyone know what the legality is with these sites and refunding?

    I haven't checked all of them, but so far Qwertee are the only ones, that as far as I can make out will not refund if the items are too small/large, if the quality is not as expected or for any reason.
    They will only give store credit or exchange the items - but if they cannot exchange them, then it is store credit.
    I know that there is, or was a law stating that goods made to order or clearly personalised – such as a tailor-made suit were exempt from refunds, but would that count here?
    I do not know if that is what Qwertee claim (they do not mention any reason), but they are not custom made, can be resold and can even have the screenprinting removed. They also specify other conditions about the items cleanliness and/or worn, but I guess that is pretty obvious to a degree.
    I am under the impression that they would be distance selling and are just chancing their arm by only offering an exchange or store credit.
    OtherTees for example, will give a refund if returned within 14 days (PDF - Scroll down for English).
    In 2008 the then European Consumer Commissioner stated that:
    • 5. Fifth, there is a new "see through clause" to tackle the problem of omissions in required information for consumers. Full information for consumers is essential not an add-on luxury. National courts will decide on the sanction depending on the scale of the omission– from refunds, to replacement or declaring a contract void.
    .............

    • 7. And we have closed loopholes for distance selling. New definitions means that ALL distance contracts are fully covered - closing all existing loopholes.
    I would have thought that IF Qwertee are not offering refunds because of 'personalised goods' then surely that would fall under an old loophole?

    Can they legally not refund?


Comments

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    #2
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,847 Mod ✭✭✭✭whiterebel


    Mod - Moved to consumer Issues. Please observe the local charter


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    #3
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,845 Mod ✭✭✭✭L1011


    What, if any, personalisations are actually happening here?


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    #4
    Suckit
    Registered Users Posts: 11,215 ✭✭✭✭Suckit


    L1011 wrote: »
    What, if any, personalisations are actually happening here?
    None other than I chose some designs on a t-shirts that they then claim to have printed. But I am not even sure that is happening as they often don't have loads of sizes in stock (but have loads of different t-shirts for sale every day.
    They give the impression that the t-shirt isn't printed until you order it, so that is why I guessed they might go with the personalisation part.
    If that isn't the case then I should be entitled to a refund (imho I should anyway).
    But I am unsure what the legality behind it would be if they refused and claimed they were only printed for me etc..
    They also say 'when it's gone, it's gone' but I have seen the same designs come up again and again.


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    #5
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,845 Mod ✭✭✭✭L1011


    If they're advertising it as a stock item and claiming stock levels (which "when it's gone it's gone" definitely would be); I would not see it as personalisation in any way.

    Card chargeback time... albeit some banks are now charging to do them so they're useless for small amounts.


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    #6
    Suckit
    Registered Users Posts: 11,215 ✭✭✭✭Suckit


    L1011 wrote: »
    If they're advertising it as a stock item and claiming stock levels (which "when it's gone it's gone" definitely would be); I would not see it as personalisation in any way.

    Card chargeback time... albeit some banks are now charging to do them so they're useless for small amounts.
    Yeah, I will do that, it's revolut so not sure if they charge.
    I had forgotten about the 'when it's gone it's gone and size issues' until I was typing it above.
    I hope they make it straighforward enough.
    Thanks for clarifying that, it was when I saw that they don't give refunds that I started myself questioning the other stuff.


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