Item shrunk in wash

Ergates

If you've had the item less than 6 months, then it is up to them to prove the item *wasn't* defective to start with.  On the one hand, that might require them to have it looked at (e.g. by the supplier) - so I'd say they had a right to do that.   On the other hand, they can't use that as a tactic to delay repaying your if it is defective.

I'd give them a "reasonable" amount of time to get it looked at and come to a decision. A few days at least.

If they claim that the supplier backs up their side, ask to see the report.

Jackim1968

I have only had top less than 14 days only reason I washed it was it got some drink split on it 

Sandtree

Ergates said:

If you've had the item less than 6 months, then it is up to them to prove the item *wasn't* defective to start with.  On the one hand, that might require them to have it looked at (e.g. by the supplier) - so I'd say they had a right to do that.   On the other hand, they can't use that as a tactic to delay repaying your if it is defective.

Actually, in the first 30 days when you have the right to reject the goods then the obligation is on you to prove the fault (rather than miss use etc).

After that period and before 6 months then the item is assumed faulty unless the merchant can prove otherwise but during this period, and thereafter, the merchant has the choice as to repair, replace, refund on the first fault.

Jackim1968

I have received an email this morning 

We took the first stage of starting a returns process with Balmain towards the end of last week, supplying them with the necessary information and images of your product. Unfortunately, they have come back to us this morning stating that they will NOT accept a return for this as they do not see the issue as being a fault with the product. We sent them measurements comparing your item, and the exact same style in the same size in a new condition which showed them the significance of the shrinkage. Ultimately, this determined Balmain's decision that the products washing instruction have not been followed, and has been washed on the completely wrong settings.

I followed the washing instructions to the label 

Jackim1968

What do I do now 

cx6

Because you used Klarna (rather than a credit card) you have lost your protection:

Beware using Klarna's new 'pay now' service – you will lose vital Section 75 protection (moneysavingexpert.com)

Your way forward now is to issue a LBA and then issue proceedings in the Small Claims Court (moneyclaimsonline) it is fairly straightforward.

Sandtree

cx6 said:

Because you used Klarna (rather than a credit card) you have lost your protection:

Beware using Klarna's new 'pay now' service – you will lose vital Section 75 protection (moneysavingexpert.com)

Your way forward now is to issue a LBA and then issue proceedings in the Small Claims Court (moneyclaimsonline) it is fairly straightforward.

The OP says they are using Klama's "pay in 3" aka "Smooth" not the Pay Now service.

As its only 3 payments its not covered by the CCA and as such wouldnt create a S75 protection but its more a failure to create than a losing. 

The reality is that most companies will settle a small claims without going to court as its just not financially worth while but some will defend such cases. As such its worth considering what evidence you are going to have to prove that its faulty rather than an error on your part. The merchant will inevitably call on the manufacturer who'll say they've shipped thousands of these, yours is one of a handful thats reported and issue and therefore probability sides on user error as otherwise return rate would be much higher.

It may also be worth checking your washing machine is operating correctly, have seen more than one where a 30C wash was actually heating the water way higher initially and so could cause issue for delicate materials 

Jackim1968

I don't think they have had time to contact Balmain as they only received the item back on Friday and have gotton a report from them today? and I will receive the top back tomorrow

Jackim1968

We took the first stage of starting a returns process with Balmain towards the end of last week, supplying them with the necessary information and images of your product. Unfortunately, they have come back to us this morning stating that they will NOT accept a return for this as they do not see the issue as being a fault with the product. We sent them measurements comparing your item, and the exact same style in the same size in a new condition which showed them the significance of the shrinkage. Ultimately, this determined Balmain's decision that the products washing instruction have not been followed, and has been washed on the completely wrong settings.

You must understand that you cannot wear a product, wash it and send it back expecting a refund or a replacement. It doesn't work like that. Shrinking an item is NOT a fault with the material.

Please note; it seems you may have misunderstood The Consumer Rights Act 2015. This act can only be sanctioned when there is a genuine fault with the product. If there is no genuine fault with the item, we are not obliged to accept any kind of return in this matter.

We have contacted Klarna providing all evidence with this issue, which they have offered us their full support and backing.

the full email from Zap

theoretica

Just to add the obvious - you also followed the drying instructions?

How much did it shrink by?  Cotton does shrink, but not usually by all that much however it is treated. Or is it not cotton?  If it is cotton you may be able to unshrink it somewhat with hair conditioner.