Legality of a shop with "no returns" policy?

maumau

Honorary Master
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Aug 13, 2009
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20,267
Hi guys, I know ladies' lingerie is not strictly your forte - or maybe it is :D but here's a question -

Barclay and Clegg have a shitty reputation - Biatch owner doesn't answer her phone nor does she reply to emails - there are a few complaints about the company on Hellopeter but they're only place I know of that imports mastectomy bras.

Anyway I bought a mastectomy bra for R1 500 without trying it on - it's uncomfortable and the shop has a "no returns" policy so they're refusing to give me my money back even though they don't have another style and don't know when they're getting new stock because of supply chain issues.

I get the no returns policy on lingerie but my question is, can I fight the issue or is the shop within their rights? I thought nobody could go against the law of replace, repair, credit.

(For the curious among you, these bras have a pocket that the prosthesis fits into so the wearer can do any exercise, even swim without it slipping out of place.)
 

Fulcrum29

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Jun 25, 2010
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55,031
If the mastectomy bra is defective, you are well within your rights to return the product within 6 months.
 

Fulcrum29

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Jun 25, 2010
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Does ill fitting qualify as defective?

No, hence I used the legal term, "defective", if you can prove that the bra doesn't fit due to a defect, well...

Used underwear is frowned upon, and some may argue dignity and all that, but the CPA still apply. Buyer's remorse is just that, buyer's remorse.
 

Kornhub

Blackburn Fan
Joined
Oct 15, 2008
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No, hence I used the legal term, "defective", if you can prove that the bra doesn't fit due to a defect, well...

Used underwear is frowned upon, and some may argue dignity and all that, but the CPA still apply. Buyer's remorse is just that, buyer's remorse.
Sell on mybb = profit? :p
 

The_MAC

Executive Member
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Oct 11, 2012
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A lot of these Chinese "everything-under-one-roof" shops also have this no return/replace/refund policy - what recourse does the consumer have?
 

EMAM

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Nov 16, 2012
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Sorry to detract but when did you have a mastectomy?
I got mine from the most unbelievable place in cape Town (I know you're not in CT). Also tried on samples and they imported it...it was perfect. I gave it away a year ago, along with my prosthesis, otherwise I would have gladly let you have it to try.
 

maumau

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Aug 13, 2009
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20,267
Sorry to detract but when did you have a mastectomy?
I got mine from the most unbelievable place in cape Town (I know you're not in CT). Also tried on samples and they imported it...it was perfect. I gave it away a year ago, along with my prosthesis, otherwise I would have gladly let you have it to try.

Aw EM you are the sweetest person :giggle:. Thanks for the offer, I know you went through a terrible ordeal with stage four and have fully recovered - as many people have said you're a legend!

I had my right breast removed some time ago and am on my third prosthesis, fortunately it was stage one and had not spread to the lymph glands. I've been buying the Anita bras but now with COVID they're difficult to get although as long as the cancer stay's away who cares really.

Gonna try the place Pinball recommended.
 

EMAM

Honorary Master
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Nov 16, 2012
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13,545
Aw EM you are the sweetest person :giggle:. Thanks for the offer, I know you went through a terrible ordeal with stage four and have fully recovered - as many people have said you're a legend!

I had my right breast removed some time ago and am on my third prosthesis, fortunately it was stage one and had not spread to the lymph glands. I've been buying the Anita bras but now with COVID they're difficult to get although as long as the cancer stay's away who cares really.

Gonna try the place Pinball recommended.
I'm sorry, I didn't know....x
Have you ever considered reconstruction?
 
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