Consumer rights - online clothes purchase

Alderbank

the_lunatic_is_in_my_head said:

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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. 

Doesn't follow.
This site sells line ends at discount from lots of makers. The OP didn't say they bought 2 identical hoodies, just two hoodies.

The T&Cs say

4.2 Ordering the correct size.You are responsible for taking your own measurements and ensuring that those measurements are correct. Additionally, you should always check the relevant product page on the website, as each provides its own size guide.

Each hoodie product page gives a single dimension only, chest size. The chest size could be OK but the body too short, the arms too long, the neck too tight, etc. for any particular garment/wearer combination.

As others have said, that's why you should try them all on as soon as they arrive.

I believe the OP said he washed them before trying them on to get rid of the new clothes smell.

the_lunatic_is_in_my_head

Alderbank said:

the_lunatic_is_in_my_head said:

» show previous quotes

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. 

Doesn't follow.
This site sells line ends at discount from lots of makers. The OP didn't say they bought 2 identical hoodies, just two hoodies.

The T&Cs say

4.2 Ordering the correct size.You are responsible for taking your own measurements and ensuring that those measurements are correct. Additionally, you should always check the relevant product page on the website, as each provides its own size guide.

Each hoodie product page gives a single dimension only, chest size. The chest size could be OK but the body too short, the arms too long, the neck too tight, etc. for any particular garment/wearer combination.

As others have said, that's why you should try them all on as soon as they arrive.

I believe the OP said he washed them before trying them on to get rid of the new clothes smell.

OP said

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

Which I took to mean the hoodies are the same size and brand as well, would be odd to lump 2 different sized hoodies (as in one S and one L) together so unless the hoodies are different brands I'd expect them to the same physical size if both labelled Large or whatever. 

As OP says the chinos were the same size and brand again you'd expect them to be the same physical size. 

I know sizing varies across brands but I'd expect it to be consistent within the same brand. 

HillStreetBlues said:

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.  

If the retailer is unable to figure out what the correct size should be they'd be unable to replace (and unlikely to be able to repair) so they refund.  

If the hoodies are different brands then them being a different physical size is fair enough, perhaps a point OP can clarify plus whether the sizing charts were different for the chinos and whether the page for the hoodies had 2 charts (as it was a multipack). 

Alderbank

I think I missed the 'multipack'. Thanks for pointing that out 

Looks like it was this multipack of two hoodies https://www.mandmdirect.com/01/details/BV31313/Brave-Soul-Mens-Starkey-Two-Pack-Hoodies-Navy-Khaki

If it was, interestingly one of the two reviews (perhaps from our OP?) says:

Fit on khaki hoodie poor
Reply from MandM Direct, 9 January

Thank you for your feedback.I am sorry that some of your items didn't fit as you expected. We do aim to give as much style and size information as possible online to help our Customers when choosing items, especially when deciding on the size to buy.

I can confirm that we will proceed with a full refund as soon as the parcel arrives back at our warehouse

tightauldgit

the_lunatic_is_in_my_head said:

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. 

Not true. They may simply be at the opposite ends of the spectrum of the specification for that size. Or they may have been from different production batches and made to a different specification. In the absence of any specification for the size then you cannot say the item is faulty or doesn't comply with the specification. 

It's completely reasonable to expect a buyer to try on an item and return in a reasonable timeframe if it doesn't fit. And 'doesn't fit' isn't 'faulty'. 

If he bought a 42" chest and it measures 38" then it's faulty. If he buys a "large" and it is smaller than he wants then that's not faulty.