SOGA and faulty laudered T shirt

blued

My girlfriend got me a T shirt for Christmas and after the first wash it shrunk to the point where I can no longer wear it. We emailed the company who sent a rather short reply stating that their terms and conditions state items can not be returned after they have been laundered. Here is the section:

We offer a money back guarantee on all our products. If you buy anything and decide within seven days that you don’t want it all you have to do is send it back to us in mint condition and we’ll refund you the cost of the items. If the goods are damaged or not what you expected please email our team before sending them back to us as we have a different procedure for dealing with these returns. Please be aware, however, that we are unable to refund items that have clearly been worn, laundered or have been subjected to abnormal usage.

We then looked into the sales of good act and sent them the template letter from the BBC One Show Template recorded delivery.

It took them over 2 weeks but finally an 'operations manager' has emailed back rather an abrubt message quoting the T&C's. They also asked if we can prove we washed the T shirt following the instructions, 40C do not tumble dry etc (we wash at 30C and things area left to dry in the spare room on clothes horse).

They also say they have had no other complaints about the T shirts so arent prepared to refund or exchange.

Now obviously the T shirt wasn't faulty until it was washed and I cant say I've ever owned a T shirt that shrinks after the first wash to the point where it cant be worn.

Are they within their rights to add something like this to their T&C's and refuse an exchange in these circumstances?

hollydays

We are nearly into march,dec to march is a long time

Equaliser123

As it is within 6 months of purchase, the burden of proof is on them to show that the product does not have an inherent defect.

blued

hollydays wrote: »

We are nearly into march,dec to march is a long time

Yes but it was the start of January we first raised the issue with the company and like Equaliser123 says it is within 6 months.

Thanks Equaliser123, would this be a good website to quote as a source in my reply or is there a better one?

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

Equaliser123

blued wrote: »

Yes but it was the start of January we first raised the issue with the company and like Equaliser123 says it is within 6 months.

Thanks Equaliser123, would this be a good website to quote as a source in my reply or is there a better one?

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

I would have said so. It is for them to prove that there was no fault in the item. You will claim that the item was not of satisfactory quality or fit for its purpose within the meaning of s.14(2) and 14(4) of the SoGA.

Hintza

A T-Shirt!!!!!!

(I'd better just keep quiet)

gordikin

Where's Annie when you need him...sorry he's PPR'D....see he was right sometimes!

UK2010

Equaliser123 wrote: »

As it is within 6 months of purchase, the burden of proof is on them to show that the product does not have an inherent defect.

Can't T-shirts be quite cheap like a pound or two? Would this really be covered by the SOGA (ie expect to last a significant amount of time)? Seems like bread being expected to be covered by the SOGA to me!