Returning a faulty Set - rights

Cashby

I bought a tracksuit (top & bottoms) & a Crop set (shorts and crop top) for my daughter. A bulk order was placed by the dance school for a number of items, many of which have arrived faulty. These are items that have been made bespoke to the dance school with the dance school logo on.

I sent back both sets (as instructed) because the tracksuit top had a faulty zip, the leggings were marked. The crop set top was too small.

They have agreed that the tracksuit bottoms and the crop top are faulty and have offered me a refund for these 2 items.

This will leave me with a tracksuit top and crop top bottoms.

Do I have any rights to insist on a refund for the crop top bottoms and tracksuit top as these items were sold as part of a set? And I now only have half of each set.

If so could someone please point me to this informtion on the web so I may quote it to the company.

Many thanks for your help.

JJ_Egan

Who did you actually purchase from ??

<A bulk order was placed by the dance school>
Did you pay the dance school .

Cashby

Yes, I did pay the dance school, but I am not holding them resposible as they are my friends that collated the order.
Ugly Duck Clothing - on-line.

unholyangel

Cashby wrote: »

Yes, I did pay the dance school, but I am not holding them resposible as they are my friends that collated the order.
Ugly Duck Clothing - on-line.

The issue you have is it sounds like you didn't enter a contract with the retailer, the dancing school did. Which would mean the dancing school are liable to you and the retailer are liable to the dancing school - except their contract wouldn't have consumer rights as it would be a b2b contract.

theonlywayisup

unholyangel wrote: »

The issue you have is it sounds like you didn't enter a contract with the retailer, the dancing school did. Which would mean the dancing school are liable to you and the retailer are liable to the dancing school - except their contract wouldn't have consumer rights as it would be a b2b contract.

This ^

Cashby wrote: »

I sent back both sets (as instructed) because the tracksuit top had a faulty zip, the leggings were marked. The crop set top was too small.

By whom and to where (the school or the supplier?)

Cashby wrote: »

They have agreed that the tracksuit bottoms and the crop top are faulty and have offered me a refund for these 2 items.

Who is they?

Cashby

The online company have offered the refund for the two items they agree are faulty.

theonlywayisup

Cashby wrote: »

The online company have offered the refund for the two items they agree are faulty.

How are they going to refund you?

Unless I'm mistaken you sent your full order back.....are they sending you back the items they deem are correct?

Can you reorder the parts of the sets you need to fulfil your requirements or do you need to reorder entire sets?

Normally (had you gone direct) this was be simple. The fact you've bought from the Dance School means you really don't have any rights with their supplier.

Manxman_in_exile

Cashby wrote: »

Yes, I did pay the dance school, but I am not holding them resposible as they are my friends that collated the order.
Ugly Duck Clothing - on-line.

They may be your friends but I think it is they who should be sorting this out for you. You paid them not the supplier.

Cashby

If the dance school weren’t involved & I had gone direct to the online company would I have any rights to refund for the sets as one item in each set is faulty?
The dance school in reality is another mum who collated the order. She is not operating as a business and is not a teacher of the dance school. She just offered to collate all our orders.

theonlywayisup

Cashby wrote: »

If the dance school weren’t involved & I had gone direct to the online company would I have any rights to refund for the sets as one item in each set is faulty?

Yes. If it is faulty and you have the contract (as a consumer) with the company then you have Consumer Rights.

However, ifs buts and maybes aren't the issue. You don't have the contract. The Dance School do. If the Dance School is 1 mum or 10 mums it still appears (from your posts) to have been acting on a B2B basis. You can't change that after the event.

Manxman_in_exile

Is this B2B? I'm not sure whether the "Dance School" is actually a business or just an informal association of mums with their daughters? When does something become a business for these purposes?


Also, if the OP paid the dance school and the dance school paid the supplier, how did the supplier end up refunding the OP (which is what the OP appears to be saying)?


I was also going to wonder (1) why the supplier simply couldn't provide replacements, or (2) why OP doesn't just return the whole lot for a refund?


Then I realised that the items are customised with dance school's logo etc. so presumably replacements would have to be made up specially (at least adding the logo) at some extra cost to the supplier. Plus can you return non-faulty items that are customised?