Consumer rights - online clothes purchase

Pollycat

HillStreetBlues said:

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.

If the OP had measured both hoodies and chinos against each other, taken photos and sent them to the supplier, he would be in a much better situation.

Manxman_in_exile

I can't begin to imagine why the OP decided to wash the items before trying them* for size.

Even if they are the wrong size I wouldn't now be able to bring myself to return them as misdescribed and I wouldn't be able to advise the OP to do so either.


*I don't usually buy clothing online but on the rare occasions that I do I take ultra good care of any items that I'm aware that I might want to return.  And I mean ultra good care.  The idea of washing something that I haven't yet confirmed is the right size and that I might still need to return would never cross my mind

HillStreetBlues

Pollycat said:

HillStreetBlues said:

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.

If the OP had measured both hoodies and chinos against each other, taken photos and sent them to the supplier, he would be in a much better situation.

Totally agree.

Personally I would say OP is stuck with them.

As just because it's doesn't fit doesn't make it faulty.
Who's to say that the ones that do fit aren't the "faulty" ones

jon81uk

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.

The key phrase here as well would be to evidence the fault has not arisen since receipt. As the OP has washed the items it will be hard to prove they didn't cause the fault by washing.

born_again

Surely common sense dictates. "Always try on, as soon as received, before removing tags & washing" 

Never knew you could purchase a returns label? Always found they are free. Given you consumer rights on online purchases.

So OP sent some straight back.
Then "after a few weeks" found a item does not fit, then " couple of weeks later" a further item did not fit.

Alderbank

The OP's actual complaint which he is asking for help about seems to be that M and M are ignoring his emails.

M and M are members of the retail ombudsman CDRL.  https://www.cdrl.org.uk/retail-adr/

OP should attempt to make a complaint following MandM's process, if that is ignored he can follow the CDRL procedure.
There is no guarantee that the ADR will find in the OP's favour.
Also this will not be a speedy process, the clothes might have gone out of fashion by the time it concludes.

born_again

Op has ongoing thread
https://forums.moneysavingexpert.com/discussion/6428620/consumer-rights-online-clothes-purchase#latest

the_lunatic_is_in_my_head

Thanks @Alderbank, thought it was strange not to be mentioned. 

HillStreetBlues said:

As just because it's doesn't fit doesn't make it faulty.
Who's to say that the ones that do fit aren't the "faulty" ones

It could indeed be the ones that do fit that are the wrong size (and if the retailer replaced the OP would be in a worse off position in that case) but the issue isn't that the clothes don't fit the OP, the issue is OP has 2 items of clothes that should be identical in size but are 2 different sizes. 

jon81uk said:

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.

The key phrase here as well would be to evidence the fault has not arisen since receipt. As the OP has washed the items it will be hard to prove they didn't cause the fault by washing.

The retailer's terms can't override the regs  

https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

Given the cost of the items I would say the retailer is going to struggle to demonstrate otherwise in a way that is economically viable. 

Alderbank

the_lunatic_is_in_my_head said:

Given the cost of the items I would say the retailer is going to struggle to demonstrate otherwise in a way that is economically viable. 

Absolutely agree ^^

However the retailer knows that in the real world they are not going to be called on to demonstrate anything to anyone. They have the money. They've even got the money for a pre-paid return. Their pragmatic response has been to ignore the OP.

HillStreetBlues

the_lunatic_is_in_my_head said:

HillStreetBlues said:

As just because it's doesn't fit doesn't make it faulty.
Who's to say that the ones that do fit aren't the "faulty" ones

It could indeed be the ones that do fit that are the wrong size (and if the retailer replaced the OP would be in a worse off position in that case) but the issue isn't that the clothes don't fit the OP, the issue is OP has 2 items of clothes that should be identical in size but are 2 different sizes. 

But without knowing the size they both should be how can you determine if one or the other or even both are faulty?

You get 14 days with an on-line purchase for the reason  to test and inspect the product.

If there are measurements on-line, and they do not match that, then it's not as described.