i am currently setting up a website to sell children's clothing. However, I would like to know if i can put swimwear as an exclusion under refunds. From what I'm reading I believe I can put it in my own refund policy, e.g. if I have given them up to 30 days to return as an added benefit. But as far as cancellation under the regulations goes, I cannot. But would swimwear come under the supply of goods which by reason of their nature cannot be returned once sent out?
I've seen that many big retailers are now stating that they do not offer returns on swimwear.
The existing law on distance sales is being swept away next week (Friday 13th) by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
There is a special provision covering this issue in the new Regulations, 28(3)(a), which says:
"The rights conferred by this Part [i.e. cancellation and refund rights] cease to be available in the following circumstances ... in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery".
So, if the goods are sealed or you seal the goods, you can exclude the return of unsealed items.
If you are using our template documents, these will be updated to reflect the new laws before the end of this week.