Returning worn underwear for refund - what exactly is the law?

[larusmarinu5]

As topic. I bought a multipack of 12 boxer shorts a few weeks ago (didn't try them on when they arrived, just put them to one side until I needed them) and having worn one pair for a few hours, I realized that they were too small for me. When I first put them on, I figured they might stretch out a bit with walking around in them, but obviously not. Then a tried another pair from the same pack, figuring that some might be bigger than others- same result. They were advertised as XL, by the way - but they were clearly not XL.

I don't really know if I want to make a fuss about returning used pants that weren't particularly expensive, to be honest. But what exactly is the law in the UK about being able to return them, for future reference? I've googled around and found different answers WRT to distance selling and underwear, once it's been worn.

[gallovidian]

Well leaving aside the possibility that you may have allowed the returns deadline to expire...

I am quoting policy I think I remember, but can no longer find. If correct, you can't make change of mind returns on underwear which touches... Well, you know the sort of thing. I believe you can, however, return it if it is misdescribed.

A complication is that if you choose "doesn't fit" as your reason, eBay assume that the garment cramps your style because you chose the wrong size. That would be a change of mind return, and if you aren't entitled to that sort of return, you don't get it. You would have to say it was  misdescribed, in that it wasn't the size stated.

You are allowed to use an item, just the minimum nessary to know it isn't as described. That surely covers trying on a garment. I would have thought trying one and then making comparisons, would have been enough. I don't know if the seller could make anything of that.

[tommystrezures]

Aside of the issue you state you bought them a few weeks ago. YOu only have 30 days from last estimated delivery date under the Ebay MBG to even attempt a return. After this time period they wont be 'interested'

[victortardis]

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@larusmarinu5 wrote:

) and having worn one pair for a few hours, I realized that they were too small for me. - but they were clearly not XL.

 I've googled around and found different answers WRT to distance selling and underwear, once it's been worn.

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Quite a dilemma here. Maybe they will stretch if worn wet, depending on the material.

I can see only two options in this instance. One is to stretch the item to fit, the other is to shrink until said item fits.

[victortardis]

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@gallovidian wrote:

eBay assume that the garment cramps your style because you chose the wrong size.

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That's awful. The insinuation being that the buyer lied to themselves about being a  few sizes smaller that they actually are.

Happened to me with a suit once, honestly. I spent all of the wedding unable to breath and barely able to move, not my wedding I should add.

[larusmarinu5]

Thanks for the replies everyone.

Speaking in general, in my web searches today, I found LOADS of online stores that state the no refunds will be given for underwear if it has been worn, under any circumstances.

Also found this

https://www.mirror.co.uk/news/uk-news/know-your-consumer-rights-you-9389013

"Store: “No returns on faulty underwear if they’ve been worn.” Knickers! There’s no underwear law, you have statutory rights."

^^^ this is by Martin Lewis, who's usually a pretty reliable source.

[victortardis]

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@larusmarinu5 wrote:

I found LOADS of online stores that state the no refunds will be given for underwear if it has been worn, under any circumstances.

Also found this

"Store: “No returns on faulty underwear if they’ve been worn.” Knickers! There’s no underwear law, you have statutory rights."

 this is by Martin Lewis

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It has become more complex. Does a retailer  have a  legal obligation  to accept returns of dirty underpants, and should the buyer be too embarrassed to attempt a return.

There is also the matter of those attempting to sell used underwear, a practice outlawed by this site but often circumvented. Don't throw them out just yet, there could be money in it.

[gallovidian]

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@victortardis wrote:

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@gallovidian wrote:

eBay assume that the garment cramps your style because you chose the wrong size.

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That's awful. The insinuation being that the buyer lied to themselves about being a  few sizes smaller that they actually are.

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It is unfortunate for a steady trickle of people who are only trying to claim their legitimate rights. I believen  they also apply it to things like car parts too, and cars don't fatteBut eBay aren't trying to insinuate any such thing.

There is certainly no need to assume that clothing  buyers, or the OP in his moment of trial, are talking about several sizes. Or to bring the L-word into it. But there is nothing at all unusual about people using a memory of their measurements which has been superceded by ntime and nutritio. I am led to believe that it is commonest among the half of humanity who don't wear boxer shorts.

Great care should be taken to see that a change of mind return should be avoided if possible, or go back exactly as received. But the OP's problem  is a matter of XL which isn't the same as other manufacturers; XL. This is a matter of fact, usually governed by BSI or ISO standards, and constitutes  misdescription. A case would almost certainly be agreed if the 30 day deadline is met. The seller could appeal, but is unlikely to try or to win.

https://en.wikipedia.org/wiki/Clothing_sizes

You see some dreadful nonsense onnt  independesites claiming to be about one's rights on eBay.  Retail sites aren't the whole story either. While it is totally reasonable for them not to return worn uinderwear to stock, I doubt if they could get away with denying people a couple of minutes or trying on. Correct sizing is one of the first things their buyers look for.

It is a fundamental of eBay that sellers waive some statutory rights, just like if you are a boxer, you waive your customary right not to be hit on the nose.

There is a somewhat perverted niche market in used underwear, and people who offer used underwear. For this reason eBay ban it outright, which does credit to their judgment.

So a seller may feel he can't do anything with even new underwear which is returned in unsealed packages.  Actually he can abandon them by refusing to pay return postage. But we regularly see sellers paying it to get back items which the buyer has declared to be irreparably broken. They want to stop buyers keeping satisfactory items after a refund, or asking their friends in conversational manner, if they have any, whether they take L or M underpants.

[victortardis]

This thread will hopefully prove invaluable for others battling with ill fitting underwear, and wondering whether it would be acceptable to return the now used and stretched item. You have conducted some invaluable investigation into the subject and have no doubt helped many.

[magpiecorner1]

Not absolutely sure what is awful about not being able to return worn underwear, its either dirty or washed, so not in the condition it was bought.  Worn for a few hours is not just trying on, and as its a multi pack, then I would expect that there would be no recourse to return the item as 'not in the same condition as sent' and a multi pack means, well, a pack of multiple items which would count as one item.

A size such as XL is a bit ambiguous, so difficult to state it was the wrong size.  Dunno about men's sizes, but I'll bet I'm not the only woman with a wardrobe full of lots of different sizes which all fit perfectly well - including underwear.  Bras are a particular landmine, even though they give a cup size AND a back size, not all bras are created equal!

I'd put this one down to experience!

[victortardis]

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@magpiecorner1 wrote:

Not absolutely sure what is awful about not being able to return worn underwear,

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 Neither am I. Maybe I should have included a warning: "This message might contain sarcasm".

I wouldn't dream of returning worn underpants, do not advocate anyone should return theirs, and neither would I buy underpants which have previously been worn by a stranger, however long that was for.

I can't comment on bras as I do not wear one.

I do hope this clears clears things up.

[apronman20114]

How can I state NO UNDERWEAR RETURNS on my listing?

[bankhaunter]

The law states that where there is a question of hygiene if the item is unsealed, there is no right to return under the Consumer Contracts Regulations once they are unsealed. Of course, that does not apply if the item is sent unsealed.

The right to return faulty good is not affected.

[papso22]

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@bankhaunter wrote:

The law states that where there is a question of hygiene if the item is unsealed, there is no right to return under the Consumer Contracts Regulations once they are unsealed. Of course, that does not apply if the item is sent unsealed.

The right to return faulty good is not affected.

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The issue on eBay is whether the money back guarantee allows the return.  I suspect it does, or at least isn't explicit in not allowing it.

[1956glyn]

I know what i would do.....dump the two worn pairs and then give the others to a family member or friend who they will fit.    

[insidethe93]

M&S, in the days long ago when you were allowed to try on certain knickers, covered the certain part where your parts met that part 🙂 with shaped plastic sheeting adhered to the clothes item. I don't know if they still do it with bikinis and swimsuits.

It'd be reasonable for any seller on eBay who happened to allow underwear returns to expect customers to try on the underwear using similar precautions, or even for the seller themselves to adhere a protective piece of material or plastic like M&S did. Of course the seller can't know if the buyer removes that protective piece before first trying on the item.

Otherwise, it opens up a sense of ick in the mind, but you do wonder if a seller has been prescient enough to mention the matter in their T&Cs (would it be enforceable?) Better just to make it very clear in the listing that underwear returns aren't accepted, and why - reasonable customers would understand that there are certain things you just don't return.

[insidethe93]

Maybe also check with a buyer as soon as they purchase that they're aware of your "no underwear returns"?

Also depends where you put it on your listing as eBay display loads of adverts at various places - not all buyers realise it's a good idea to check the entire page.

And there'll always be a few potentially awkward buyers who do see "no underwear returns" and decide "oh yes it does".