Item shrunk in wash

the_lunatic_is_in_my_head

TELLIT01 said:

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.

The right to cancel is not linked the condition of the goods, there is the option for the retailer to make a deduction for diminished value up to the full price of the goods but the retailer isn't permitted to make this reduction if they don't give the correct information about the right to cancel via durable means.

The above timeframe and procedures do not meet the requirements, either the company doesn't know the requirements or that policy is their company policy.  

OP should notify them of their intention to cancel, return the goods within 14 days of notifying them, issue a letter before action and file through small claims.

Where it exists the retailer can not deny the right to cancel. As long as the retailer hasn't given the OP the required information via durable means the cancellation period is extended and retailer has no position to reduce the refund.

Jackim1968

Thank you the lunatic, I have tried returning it under faulty goods - there customer service is shocking, 
They have totally ignored my last letter.

would I now return the item with a covering letter stating they have not provided correct information or just send the letter and wait to see what happens? 

Thanks in advance 

the_lunatic_is_in_my_head

Jackim1968 said:

Thank you the lunatic, I have tried returning it under faulty goods - there customer service is shocking, 
They have totally ignored my last letter.

would I now return the item with a covering letter stating they have not provided correct information or just send the letter and wait to see what happens? 

Thanks in advance 

It would be a case of emailing them to say you are cancelling your contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You should return the goods within 14 days of notifying them.

I'd expect them to push back for a number of reasons but the part of my previous post in italics is the legislation covering why you do have the right to cancel. 

I think I said this before but your post above details what it says on their website so just to be clear you need to ensure they didn't give the correct info by email or on any paperwork included with the goods  

Jackim1968

Seems as I ticked the terms and conditions I cannot use www.legislation.gov.uk/uksi/2013/3134/regulation/10

the_lunatic_is_in_my_head

Jackim1968 said:

Seems as I ticked the terms and conditions I cannot use www.legislation.gov.uk/uksi/2013/3134/regulation/10

It doesn't work like that, a company can not contract out your rights, i.e agreeing to their terms and conditions doesn't override their obligations under the legislation. 

Jumblebumble

Jackim1968 said:

I have emailed, messaged, and wrote to Zap Clothing and they are completely ignoring me. 
the label is 100% cotton and says it can be washed at 30degrees 
I have tried and failed to find a email address for Balmain to complain to them direct.

I an not dealing with the supplier as I cannot get an answer to any of my messages to get details for there suppliers 

=any advice  I have never had to deal with such a rude company 

It is perfectly reasonable for them not to provide details of a company with whom you have no contract and therefore may have no wish to engage with you

Jackim1968

the_lunatic_is_in_my_head said:

Jackim1968 said:

Seems as I ticked the terms and conditions I cannot use www.legislation.gov.uk/uksi/2013/3134/regulation/10

It doesn't work like that, a company can not contract out your rights, i.e agreeing to their terms and conditions doesn't override their obligations under the legislation. 

I had a web chat with consumer services today and I copy and pasted what was on there website and what I was emailed with the invoice and  she says 
 

It appears they did provide adequate order confirmation including a 14 day cooling off period as required by law.? I can't see it though  I can copy and paste transcript if required 

the_lunatic_is_in_my_head

Information on a website is not durable and doesn’t count. What counts is what was given by email or on paper.

Also, 14 days from receipt or 14 days beginning the day after receipt?

It’s an important difference as 14 days from receipt is too short for the required cancellation period. 

The company are going to tell you what they have said is right because they probably think it is but that doesn’t make it so.

To be clear they need to give a minimum cancellation period of 14 days beginning the day after delivery and must notify of this by durable means.

If they have not done so then my previous post on extended cancellations and no deductions stands  

Jackim1968

I have emailed them again and have stated 
www.legislation.gov.uk/uksi/2013/3134/regulation/10

and told them i want a reply within 14 days
see what comes 
thanks again for all the advice 

Jackim1968

Hi,
An update they are still not refunding and are still saying I washed it incorrectly, 

Could drying it on a radiator shrink it as the label only says do not tumble dry 
 Thanks in advance