Returning washed goods

lbasson

So I bought 2 bespoke bedding set (sheet, duvet, pillow cases) for my camper van. Odd size mattress so needed bespoke. Ordered a grey set and a blue set. Manufacturer mixed up the colours so the sheet doesn’t match the set. 

Manufacturer admitted they were at fault but won’t refund or replace as it was past the 30days that I reported it (most of the 30 days was in lockdown which is why I didn’t use the sheets immediately). Also I’ve washed the sheets - as per the manufacture guidance in the package (wash before use). Manufacturer refuses to accept bedding back as they are washed. But they can’t resell any way as they are bespoke.  but has offered a small discount if I reorder. 

What are my rights? Can I insist on replacement sheets to make complete sets? 

the_lunatic_is_in_my_head

If the goods do not conform the contract the fact they were bespoke or washed is neither here nor there. The retailer also can not impose any time limit for the consumer to enforce their rights. 

If you are past 30 days the retailer must repair, replace or refund unless they to demonstrate that the goods did conform to the contract. There may also alternatively be a right to a price reduction (off the existing order, not a future order).

You can either go back to them with the link below requesting they adhere to their obligations.

Send them a letter before action and follow with small claims

Or if you paid by credit card and the goods were over £100 you'll be covered by S75 which makes the card provider equally liable. If it was under £100 or a debit card you may be able to perform a chargeback, either way have a chat with the card provider. 

Your rights are covered here:

https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

There's nothing specific to highlight as what the retailer is claiming is way off. 

Manxman_in_exile

I know the manufacturer's instructions said to wash before use, but wasn't the wrong colour noticeable before washing?