Received the wrong item 7 months ago

Rustytooth

I purchased a super king summer duvet in the January sale earlier this year. I received the duvet and packed it away until the weather warmed up.

When I changed the duvet, and after a couple of uses, I realised it was actually a king sized duvet. 

I spoke with the vendor, which, initially said they were very sorry and to return the item and a replacement would be arranged (I have this in an email).

Having returned the item, they are now saying... very sorry, but returns must be reported within 14 days and they cannot replace it. 

Do I still have rights under the Consumer Rights Act 2015 given the passage of time?

Thanks!

Alderbank

Rustytooth said:

I purchased a super king summer duvet in the January sale earlier this year. I received the duvet and packed it away until the weather warmed up.

When I changed the duvet, and after a couple of uses, I realised it was actually a king sized duvet. 

I spoke with the vendor, which, initially said they were very sorry and to return the item and a replacement would be arranged (I have this in an email).

Having returned the item, they are now saying... very sorry, but returns must be reported within 14 days and they cannot replace it. 

Do I still have rights under the Consumer Rights Act 2015 given the passage of time?

Thanks!

Welcome to the forum.

The vendor seems to be confusing your claim with a change of mind return which indeed should be reported within 14 days.
However if the duvet does not conform to contract (to use the legal term) then it doesn't conform regardless of how long you have had it.

I assume the one you were sent measures 225cm wide and you expected the usual UK superking size of 260cm?
I also assume the order either just says 'superking' or states a width of 260cm? If they clearly describe a superking as 225cm then you might not have a case.

If you have grounds for a claim then they must replace it with the correct size if they have stock. They must pay their postage for the replacement and if they want the wrong one back they must pay for you to send it.

If they haven't got stock so they can't replace, you are entitled to a refund. If this happens then elapsed time does make a small difference. Since you have been using it for more than six months they can make a deduction for the use you have already had. If you had bought it a year ago for example then about 20% reduction would be fair.

Rustytooth

Thank you - the purchase order etc. say 'Super king' and the label on the product delivered says 'King'

Mark_d

Whilst Alderbank is correct in the statements about timeframes, seven months is an unreasonably long time for you to realise you were sent the wrong item.  In my view the retailer may well stick to their position and you would struggle to convince a court that you were sent the wrong item back in January.

Alderbank

Then write to them (email is fine) saying that they are in breach of s11 of the Consumer Rights Act 'Goods to be as described' and you look forward to receiving the correct item as required by s23 of the Act. Explain your reasons as above.

Add that you will return the faulty one as soon as they send you a postage-paid label.

mikb

Alderbank said:

Then write to them (email is fine) saying that they are in breach of s11 of the Consumer Rights Act 'Goods to be as described' and you look forward to receiving the correct item as required by s23 of the Act. Explain your reasons as above.

Add that you will return the faulty one as soon as they send you a postage-paid label.

"Having returned the item, they are now saying ..." so it appears the vendor has the returned item AND the payment at this point. 

@Rustytooth Has the vendor sent the "wrong" item back to you yet? They might as well just send the "right" item at this point!

electriccactus

mikb said:

Alderbank said:

Then write to them (email is fine) saying that they are in breach of s11 of the Consumer Rights Act 'Goods to be as described' and you look forward to receiving the correct item as required by s23 of the Act. Explain your reasons as above.

Add that you will return the faulty one as soon as they send you a postage-paid label.

"Having returned the item, they are now saying ..." so it appears the vendor has the returned item AND the payment at this point. 

@Rustytooth Has the vendor sent the "wrong" item back to you yet? They might as well just send the "right" item at this point!

Well not quite. They'd be sending the OP a brand new duvet and keeping a "slightly used" one.  I imagine slightly used duvets are potentially quite difficult to shift.

They may also not have a replacement in stock if this was bought in a sale.

sheramber

I read 'having returned ' as the OP, having retunred it to the vendor. Not the vendor having sent it back  to the OP.