toast won't accept a return

halia

hope someone can help, for Xmas I was bought a set of toast PJ's. I checked the size/colour on the label attached to the top and on the delivery note and it said size12 - which was what I'd requested.

I changed into them that evening to relax in but the bottom half was HUGE on me! I tried the drawstrong waist as the style was quite baggy/loose but it was still enourmous. So I took off the trousers and looked inside, despite the delivery note, order form and size label attached to the OUTSIDE of the packaging the bottoms were a size 14/16!

Packed them up and sent back with a note, received them back yesterday with a letter from toast saying as they had been worn and the tags removed I couldn't return or exchange them.

Now this seems wrong to me, I can prove we ordered size12 PJ's, I can prove they sent me the wrong item - surely I'm entitled to an exchange?

SuperNashwan

Of course you are. s.13 of the Sale of Goods Act implies a term into your contract that states the goods must match the description applied to them. If they have trouble understanding this you shouldn't have much trouble getting their local Trading Standards office interested as the company are in effect refusing to give you what you've paid for.

hollydays

Perhaps the Pjs were made by an uncooperative co-operative?

According to their site they are very environmentally friendly,are working towards
being carbon neutral .They do not make throwaway fashion(as you now know!)
Was the parcel delivered by a free-range chicken on a bike-if not- why not?:rolleyes:
You could try to email their customer services,there is a link on the site.