Wrong Baby Grobag Sent

hazelm

HI ordered a baby grobag 1.0 tog 6-18 months. However after had thrown packaging away discovered had been sent 2.5 tog which is no use. Emailed the company and was told couldnt do anything as didnt have original packaging. Have also sent then a recorded delivery letter requesting correct item be sent that I paid for but just being ignored.:mad:

What can I do next? It was the company's mistake not mine.

Company is called Up to 5 and ordered it through the internet

neilmcl

The Distance Selling Regulations only specify that you take reasonable care of the item you wish to return. Packaging, on most items (there are exceptions) can be opened and even discarded.

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise

reasonable care by not removing the seals when examining them.