Item shrunk in wash

Jackim1968

I contacted Balmain customer service, - not really their problem, but hey ho, Zap are a reseller for them and they have gave a completely different version to events to what actually happened,  actually foaming 

Jackim1968

Sandtree said:

Alderbank said:

Balmain doesn't really exist as an entity nowadays.
It is wholly owned by Mayhoola for Investments, an investment entity incorporated under the laws of the State of Qatar.

They are owned by Mayhoola but  Balmain S.A.S. etc are still legal entities and indeed they moved in one of their big hitters as its new director in 2017 after they turned around another big brand in their stable of acquisitions

Having worked for companies owned by investment firms/private equity etc it does create a very different dynamic to the organisation but most very much remain a company, just one with a shareholder that is much more actively involved. If they care is another matter.

If you look on their own website and their Privacy Policy you will find an email for them https://www.balmain.com/us/Help/LegalArea/PrivacyPolicy 

That's who I contacted,
I am waiting on a reply after sending another email contradicting the version of Zap 

the_lunatic_is_in_my_head

Jackim1968 said:

the_lunatic_is_in_my_head said:

What timeframe did they give you to cancel your contract with them in the order emails or on paper with the goods?

Is this Zap Clothing?

This is Zap clothing, they haven;t gave a timeframe?? they refused a refund  and there customer service is non existant

If that's correct then you are within the cancellation period, simply notify them if your intention to cancel your contract, return the goods within 14 days. 

They aren't permitted to make any deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

Jackim1968

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

What timeframe did they give you to cancel your contract with them in the order emails or on paper with the goods?

Is this Zap Clothing?

This is Zap clothing, they haven;t gave a timeframe?? they refused a refund  and there customer service is non existant

If that's correct then you are within the cancellation period, simply notify them if your intention to cancel your contract, return the goods within 14 days. 

They aren't permitted to make any deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

I am not sure this applies as it's clothing that shrunk in the wash, albeit had only had it 9 days  

the_lunatic_is_in_my_head

Jackim1968 said:

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

What timeframe did they give you to cancel your contract with them in the order emails or on paper with the goods?

Is this Zap Clothing?

This is Zap clothing, they haven;t gave a timeframe?? they refused a refund  and there customer service is non existant

If that's correct then you are within the cancellation period, simply notify them if your intention to cancel your contract, return the goods within 14 days. 

They aren't permitted to make any deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

I am not sure this applies as it's clothing that shrunk in the wash, albeit had only had it 9 days  

It still applies, the right to cancel is not linked to the condition of the goods.

Retailers may make a deduction for excessive handling, but aren't permitted to when failing to provide the required info.

It's worth being 100% sure the emails or paperwork with the goods doesn't say anything about the right to cancel (links to their website and info on their website itself doesn't count) and if you find they have mentioned it feel free to post what it says to confirm if it's correct or not  

Jackim1968

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

What timeframe did they give you to cancel your contract with them in the order emails or on paper with the goods?

Is this Zap Clothing?

This is Zap clothing, they haven;t gave a timeframe?? they refused a refund  and there customer service is non existant

If that's correct then you are within the cancellation period, simply notify them if your intention to cancel your contract, return the goods within 14 days. 

They aren't permitted to make any deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

I am not sure this applies as it's clothing that shrunk in the wash, albeit had only had it 9 days  

It still applies, the right to cancel is not linked to the condition of the goods.

Retailers may make a deduction for excessive handling, but aren't permitted to when failing to provide the required info.

It's worth being 100% sure the emails or paperwork with the goods doesn't say anything about the right to cancel (links to their website and info on their website itself doesn't count) and if you find they have mentioned it feel free to post what it says to confirm if it's correct or not  

I am not cancelling a contract, I am returning an item of clothing, they have my money, its getting it back off them is the hard part haha 

Manxman_in_exile

Jackim1968 said:

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

What timeframe did they give you to cancel your contract with them in the order emails or on paper with the goods?

Is this Zap Clothing?

This is Zap clothing, they haven;t gave a timeframe?? they refused a refund  and there customer service is non existant

If that's correct then you are within the cancellation period, simply notify them if your intention to cancel your contract, return the goods within 14 days. 

They aren't permitted to make any deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

I am not sure this applies as it's clothing that shrunk in the wash, albeit had only had it 9 days  

It still applies, the right to cancel is not linked to the condition of the goods.

Retailers may make a deduction for excessive handling, but aren't permitted to when failing to provide the required info.

It's worth being 100% sure the emails or paperwork with the goods doesn't say anything about the right to cancel (links to their website and info on their website itself doesn't count) and if you find they have mentioned it feel free to post what it says to confirm if it's correct or not  

I am not cancelling a contract, I am returning an item of clothing, they have my money, its getting it back off them is the hard part haha 

I think you are missing the point.

Zap says you aren't entitled to your money back because you are in breach of their returns policy and/or you've washed the item wrongly.

the_lunatic_is_in_my_head is pointing out that you can prove to Zap that they have to refund you IF they didn't provide you with certain information that they are required by law to provide to you.  That being information regarding your right to cancel the contract.

If they have not provided that information to you, then the_lunatic is saying that you are entitled to cancel the contract and get a full refund from Zap, regardless of the condition of the item.

So you put that argument to Zap, quoting the relevant part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , and wait for your refund.  If they don't refund after you have pointed the law out to them, you may want to sue them.  (I can't remember if you might be eligible for a s75 claim or a chargeback as an alternative).

NB - Of course, whether you can do this depends on whether they did or did not give you the required information...


[Edit:  To clarify, the information in question is about your right to cancel a distance or off-premises contract.  the_lunatic asked what information you had been given by Zap in repect of the timeframe you have to cancel a distance contract.  You repiled that "... they haven;t given a timeframe??", from which the_lunatic has concluded you have not been given the information that Zap have to give you. 

So did Zap give you any information about your right to cancel the contract, and if they did, what did they say and how did they tell you?]

Jackim1968

Manxman_in_exile said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

Jackim1968 said:

the_lunatic_is_in_my_head said:

What timeframe did they give you to cancel your contract with them in the order emails or on paper with the goods?

Is this Zap Clothing?

This is Zap clothing, they haven;t gave a timeframe?? they refused a refund  and there customer service is non existant

If that's correct then you are within the cancellation period, simply notify them if your intention to cancel your contract, return the goods within 14 days. 

They aren't permitted to make any deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

I am not sure this applies as it's clothing that shrunk in the wash, albeit had only had it 9 days  

It still applies, the right to cancel is not linked to the condition of the goods.

Retailers may make a deduction for excessive handling, but aren't permitted to when failing to provide the required info.

It's worth being 100% sure the emails or paperwork with the goods doesn't say anything about the right to cancel (links to their website and info on their website itself doesn't count) and if you find they have mentioned it feel free to post what it says to confirm if it's correct or not  

I am not cancelling a contract, I am returning an item of clothing, they have my money, its getting it back off them is the hard part haha 

I think you are missing the point.

Zap says you aren't entitled to your money back because you are in breach of their returns policy and/or you've washed the item wrongly.

the_lunatic_is_in_my_head is pointing out that you can prove to Zap that they have to refund you IF they didn't provide you with certain information that they are required by law to provide to you.  That being information regarding your right to cancel the contract.

If they have not provided that information to you, then the_lunatic is saying that you are entitled to cancel the contract and get a full refund from Zap, regardless of the condition of the item.

So you put that argument to Zap, quoting the relevant part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 , and wait for your refund.  If they don't refund after you have pointed the law out to them, you may want to sue them.  (I can't remember if you might be eligible for a s75 claim or a chargeback as an alternative).

NB - Of course, whether you can do this depends on whether they did or did not give you the required information...


[Edit:  To clarify, the information in question is about your right to cancel a distance or off-premises contract.  the_lunatic asked what information you had been given by Zap in repect of the timeframe you have to cancel a distance contract.  You repiled that "... they haven;t given a timeframe??", from which the_lunatic has concluded you have not been given the information that Zap have to give you. 

So did Zap give you any information about your right to cancel the contract, and if they did, what did they say and how did they tell you?]

No they didn't provide anything like that  and there is nothing in the terms and conditions about this either ?

All I got with the sweatshirt was an invoice 

Jackim1968

[Edit:  To clarify, the information in question is about your right to cancel a distance or off-premises contract.  the_lunatic asked what information you had been given by Zap in repect of the timeframe you have to cancel a distance contract.  You repiled that "... they haven;t given a timeframe??", from which the_lunatic has concluded you have not been given the information that Zap have to give you. 

So did Zap give you any information about your right to cancel the contract, and if they did, what did they say and how did they tell you?]


this is copy and pasted from zaps website - there returns :

How To Return Your Item

If you are not completely satisfied with your purchase, simply return the item or items to us in their original condition within 14 days of receipt. We will issue a full refund (excluding original delivery charge) on receipt, or exchange the item for a different size / colour if preferred. Some products are non-returnable. Please note:

* The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
* The cost of returning the item to us is your responsibility.
* The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.

If you have an account with us, please login to your account, click on the returns link and submit your return request. We will then issue you with a Returns Authorisation Number (RAN) and further instructions on how to return your goods.

If you do not have an account with us, please click on the following link, and fill in your order details. We will then issue you with a Returns Authorisation Number (RAN) and further instructions on how to return your goods.

**PLEASE NOTE** - You must submit a returns request in order to return your goods. Please see instructions above

Returning Address

TELLIT01

Jackim1968 said:

[Edit:  To clarify, the information in question is about your right to cancel a distance or off-premises contract.  the_lunatic asked what information you had been given by Zap in repect of the timeframe you have to cancel a distance contract.  You repiled that "... they haven;t given a timeframe??", from which the_lunatic has concluded you have not been given the information that Zap have to give you. 

So did Zap give you any information about your right to cancel the contract, and if they did, what did they say and how did they tell you?]


this is copy and pasted from zaps website - there returns :

How To Return Your Item

If you are not completely satisfied with your purchase, simply return the item or items to us in their original condition within 14 days of receipt.

**PLEASE NOTE** - You must submit a returns request in order to return your goods. Please see instructions above

Returning Address

Is that not the bottom line?  The goods being returned are definitely not in their original condition.