Consumer rights - online clothes purchase

Burnsie1983

I bought a fair few garments from an online retailer in December. I tend to bulk buy my clothes every few years almost!

With my order I purchased a return label so I could send back items that didn't fit, which I did.

I bought a multipack item (two hoodies) and some chino's which were the same size and brand but different colours.

I assume that when I was trying on all my items I only tried on one of the two hoodies, and not all of the different coloured chinos. This would have been to save time, I assume. I am sure I did a quality check to make sure there are no holes in any of them.

Anyway, after a few weeks I came to try on one of the hoodies and realised it was much too small. Being very confused I then tried on the other hoodie which came in the multipack and found that fit fine. Both of the labels on the hoodies said large. 

A couple of weeks later I also tried to wear one pair of the chinos, and again realised that these were much too small. Again I compared the label to the other colours of the same style and brand and found that the labels matched. I was wearing stripy socks that day so it was quite easy to see how much shorter one pair of chinos were to the others.

At this point it had been probably a month or two since my purchase. I had washed both these items (to get rid of the new clothes smell - I only wash at 20 or 30 degrees).

I have contacted the online retailer twice, first via a Facebook message and second via email. The online retailer isn't a small company (MandM Direct) but a few weeks have passed and I have had no acknowledgement of my e-mail.

If this was a shop then I would have taken the items back, but as an online retailer I can't do this… however surely they are still responsible for the faults in their items that they sell?

The total costs of the items isn’t a lot (probably about £20 max), but its the principle 

Any advice?

Thanks

Burnsie1983

I bought a fair few garments from an online retailer in December. I tend to bulk buy my clothes every few years almost!

With my order I purchased a return label so I could send back items that didn't fit, which I did.

I bought a multipack item (two hoodies) and some chino's which were the same size and brand but different colours.

I assume that when I was trying on all my items I only tried on one of the two hoodies, and not all of the different coloured chinos. This would have been to save time, I assume. I am sure I did a quality check to make sure there are no holes in any of them.

Anyway, after a few weeks I came to try on one of the hoodies and realised it was much too small. Being very confused I then tried on the other hoodie which came in the multipack and found that fit fine. Both of the labels on the hoodies said large. 

A couple of weeks later I also tried to wear one pair of the chinos, and again realised that these were much too small. Again I compared the label to the other colours of the same style and brand and found that the labels matched. I was wearing stripy socks that day so it was quite easy to see how much shorter one pair of chinos were to the others.

At this point it had been probably a month or two since my purchase. I had washed both these items (to get rid of the new clothes smell - I only wash at 20 or 30 degrees).

I have contacted the online retailer twice, first via a Facebook message and second via email. The online retailer isn't a small company (MandM Direct) but a few weeks have passed and I have had no acknowledgement of my e-mail.

If this was a shop then I would have taken the items back, but as an online retailer I can't do this… however surely they are still responsible for the faults in their items that they sell?

The total costs of the items isn’t a lot (probably about £20 max), but its the principle 

Any advice?

Thanks

Manxman_in_exile

I'm afraid I don't really understand what you are asking(?).

What are the faults you are complaining about?  Have the items got holes in them?  (I don't understand the relevance of your comment about "I am sure I did a quality check to make sure there were no holes in them"???)

Are you saying you washed the items you want to return - before even trying them for size?

tightauldgit

How long do you have in their t&cs to return items with the label? 

I think the fact you've washed them, and presumably taken off tags etc will potentially scupper you from returning though. 

When you bought the items were they a specified size in inches/cms or just 'Large' or whatever? 

If it's the latter then absent any specification of what Large means then they aren't faulty, if the former then check if they comply with the dimensions given. If not then I think you're on solid ground to return them as not as described but otherwise I think you might be out of luck unless M&M are feeling kind, 

sarah1972

Pmd the team to move to the consumer rights board as it’s currently not posted on any board.

photome

not sure any retailer would accept a return for wrong size after having labels removed and washed.

if there is a fault thats different but even then after being washed they may not accept responsibility

have you followed their returns procedure

Pollycat

Burnsie1983 said:

I bought a fair few garments from an online retailer in December. I tend to bulk buy my clothes every few years almost!

With my order I purchased a return label so I could send back items that didn't fit, which I did.

I bought a multipack item (two hoodies) and some chino's which were the same size and brand but different colours.

I assume that when I was trying on all my items I only tried on one of the two hoodies, and not all of the different coloured chinos. This would have been to save time, I assume. I am sure I did a quality check to make sure there are no holes in any of them.

Anyway, after a few weeks I came to try on one of the hoodies and realised it was much too small. Being very confused I then tried on the other hoodie which came in the multipack and found that fit fine. Both of the labels on the hoodies said large. 

A couple of weeks later I also tried to wear one pair of the chinos, and again realised that these were much too small. Again I compared the label to the other colours of the same style and brand and found that the labels matched. I was wearing stripy socks that day so it was quite easy to see how much shorter one pair of chinos were to the others.

At this point it had been probably a month or two since my purchase. I had washed both these items (to get rid of the new clothes smell - I only wash at 20 or 30 degrees).

I have contacted the online retailer twice, first via a Facebook message and second via email. The online retailer isn't a small company (MandM Direct) but a few weeks have passed and I have had no acknowledgement of my e-mail.

If this was a shop then I would have taken the items back, but as an online retailer I can't do this… however surely they are still responsible for the faults in their items that they sell?

The total costs of the items isn’t a lot (probably about £20 max), but its the principle 

Any advice?

Thanks

There's quite a lot of assumptions in there.

The items will not be suitable for resale as you have removed tags and washed them.

I do find same sizes can vary, especially in cheaper shops like Primark as quality control is not so strict. If you paid £40 for 2 hoodies and 2 pairs of chinos (I'm assuming here that £20 is the amount you want refunded i.e. half the purchase price), they're not high end items.

At the very least, I would have checked the size of the untried-on hoodie and chinos against the items I'd tried on.

the_lunatic_is_in_my_head

If the two hoodies are the same brand/make/whatever you want to call it and are both labelled as large/14 or whatever but are different sizes then clearly something is wrong with one of them (either one is too small or the other too large).

Same story with the chinos.

Washing the clothes doesn't affect your right to reject the goods, it may bring up a question of whether the washing affected the items but that's the trader's problem really as within the first 6 months it's taken the goods did not conform it's down to them to prove otherwise, you are obviously under no obligation to mention the clothes were washed (although shouldn't lie if asked). 

You can write to the company or try them on twitter, there's also a complaints email address in their T&Cs page (I'd try that first)

https://www.mandmdirect.com/02/stp/termsandconditions

Their site talks about your right to cancel, their return policy but I don't see anything about what happens if the goods are faulty (I might be missing it).

Given you are dealing with a company who think they can charge you storage costs if they are unable to deliver the goods to you you might have a hard time with this one as you are past their 28 day mark.

Please do post back and let us know how you get on OP, it might help others decide whether or not to shop with this particular outlet. 

sheramber

I regularly found Marks and Spencer trousers were a different fitting  in different colours. 

One colour would fit but another colour- same size- would be smaller.

Presumably made in different factories

Alderbank

the_lunatic_is_in_my_head said:

Their site talks about your right to cancel, their return policy but I don't see anything about what happens if the goods are faulty (I might be missing it).

I think you are missing it.
Near the top of the page which you have linked:

2.2 If something is wrong with your order.
If any goods you receive are faulty or have been misdescribed, we have a duty to replace or repair them, or refund you in full. If this applies to you, contact us as soon as possible at customerservices@mandmdirect.com, giving your name, order number and a description of what is wrong with the goods.
If the goods are faulty, do not attempt repair yourself. In certain circumstances, you may be asked to evidence that the fault has not arisen since receipt.
If you are asked to return the goods to us, please follow our returns guidance. We will pay the cost of postage if the goods are proven to be faulty or misdescribed, otherwise you will be required to pay.

In their initial post, the OP asks about matters of principle.
I agree with other posters that the principle here is summarised by the Cockney barrow boys' cry
'If you don't want the goods don't muck 'em about!'

HillStreetBlues

The question is "are the goods faulty"

If yes  the OP can return them,  as by definition faulty items aren't fit for sale or resale unless marked as faulty.
If no, OP is stuck with them.