Wrong football shirt sent and worn. What are my rights?

Eebe

My son bought a personalised football shirt online.  The seller sent a cheaper one but he didn't notice and started to wear it.

Is he entitled to the correct shirt (which he would prefer) or just a refund of the difference in cost?  Shirt was received late last week.

Thanks for any help or if you can point me in the right direction.

born_again

Personalised in what way? 

name on back?

Chris_English

He's entitled to a refund.

Manxman_in_exile

If they sent a different shirt than the one he ordered and paid for, then he's entitled to either the correct shirt or a refund.

If it isn't what he ordered, I don't see what difference it makes whether he's worn it or whether it's "personalised".

Grumpy_chap

Normally, for a distance purchase, you are only allowed to do as much as you would be able to do in a store as part of the assessment of whether the product is acceptable or not.  That would include trying it on for size, but not "wearing it". 

I assume "wearing it" means took all the tags and labels off and possibly, even, played football in the shirt? 
How muddy / sweaty did the shirt get by being worn?
Is it obvious the top has now been laundered?

What was the extent of personalisation?  There are rules that reduce rights for items that are "bespoke" but whether a "personalised" football shirt counts as "bespoke" would require more information.

Has the OP contacted the supplier and said they got the wrong shirt?  This is the type of item that they might just send the correct shirt and not want the first one back.  If the top has "Eebe's Son - No. 1" on the back, the shirt is more hassle than it's worth to have it back.

the_lunatic_is_in_my_head

Grumpy_chap said:

Normally, for a distance purchase, you are only allowed to do as much as you would be able to do in a store as part of the assessment of whether the product is acceptable or not.  That would include trying it on for size, but not "wearing it". 

I assume "wearing it" means took all the tags and labels off and possibly, even, played football in the shirt? 
How muddy / sweaty did the shirt get by being worn?
Is it obvious the top has now been laundered?

What was the extent of personalisation?  There are rules that reduce rights for items that are "bespoke" but whether a "personalised" football shirt counts as "bespoke" would require more information.

Has the OP contacted the supplier and said they got the wrong shirt?  This is the type of item that they might just send the correct shirt and not want the first one back.  If the top has "Eebe's Son - No. 1" on the back, the shirt is more hassle than it's worth to have it back.

This covers change of mind, a different piece of legislation covers the goods not conforming to the contract.

Personalised or the item being used wouldn’t affect the right to a remedy. In this case if the goods are personal to the OP’s son there is less chance they can be resold so the wearing might not make any difference to the trader. 

OP if the shirt is incorrect you have the right to a repair or replacement.

If it isn’t possible for the trader to repair or replace or they refuse your son can accept to return at their cost for a full refund or a price reduction.

Eebe

Thanks for all your comments. 

It's personalised with a team player's name and a particular font. My son was really excited to receive it and didn't notice the wrong font before taking off the tags and putting it on. He's only worn it around the house for a couple of days. 

I have contacted the seller who has asked us to return it and I'm sure they could resell it if it was new. I haven't yet told them that it has been worn as I suspect they will tell us it can't be returned, which was what I was trying to get an answer on.

Manxman_in_exile

If they didn't send you what you ordered (in particular if what you ordered and paid for is more expensive than what they sent) tell them you want either a full refund or the correct shirt that you ordered and paid for.

The fact your son has worn it around the house does not alter the fact that they sent the wrong item.  It's their error.

Of course they may offer a partial refund to reflect the difference in price.  If they do it's up to you if you accept it.

cx6

Wrong shirt (font) - return it or negotiate a partial refund from the seller.