Returning faulty clothes

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Discussion

Trax

Original Poster:

1,537 posts

232 months

Thursday 27th October 2011
quotequote all
We are after a bit of help with regard to our attempts to return a faulty jumper that the wife bought. I have copied the email between us and the online supplier, which I hope is somewhat self explanatory.

For clarification though, the garment is a pullover type jumper, which has a zip at the side of the neck, which goes towards the top of the arm, and is about four inches long.

When trying on, my wife opened this, thinking it would be easier to put on. Once on she tried to pull up the zip, which came back up to the neck, but did not close the zip, i.e. it is now open with the zipper at the top, which refuses to move.

We emailed the supplier to find out how to return, which was the day after we received it, but they are refusing any return, replacement or repair of the item.

The email is below. There is a little confusion as my wife sent the first email, and I continued the replies at work, on my iPhone, which doesn't help trying to get the right message across. I was also not aware that she had worn it for a few hours. Though on receipt of the damaged item back, it does not look like it has been worn, i.e. no makeup on the neck, or creases.

Email said:
On 16 Oct 2011, at 13:03, XXXXX wrote:

Hi
I've just ordered a d006 fuchsia sequin sweatshirt & whilst trying on the jumper the zip would not undo it will not close or open.
Can you please exchange with the same jumper with a zip that's not faulty .
Can you let me know how I need to return for the exchange.
Thank you in advance

Sent from my iPad

From: XXXX
Subject: Re: Ref order 21359
Date: Sun, 16 Oct 2011 13:56:38 +0100
To:

Hi XXXXX,

Thanks for your email.

With regards to the zip on your jumper, it is only decorative feature and not to be worn open, although it is made using a functioning zip. The reason its probably not opening or closing is because of the where the zip is placed on the garment that is why it was designed as only a decorative function. You need to be able to grip both ends of the fabric and pull it to open it and also when closing to grip the top end of the joint where its meant to end and then pull the zipper. I am telling you this but you won't need to open it. It states on the web site there is a 'zip detail with a Day 22 logo on zip puller' Hence it says 'zip detail'. It is not a functioning zip and you can see from all the photo's none of the models or celebrities have worn it open and I don't know anyone in our office who has undone the zip and worn it open.

You can send the item back to us and we would quite happily inspect but if we deem its not faulty and return it to you then we will have to re-charge you for delivery.

Kind Regards

Jasmine
Customer Service Manager

On 16 Oct 2011, at 22:25, XXXXXXX wrote:

Thank you for confirming the zipper should be closed, and not open, which is as we want. The problem is that it is stuck open and will not close.
We have tried to close the zipper as you described, but it does not close. We will return the garment for repair or replacement.
I am not sure why you refer to pictures not showing the zip open, and the website saying the zip is decorative, we never suggested it should be used open, we just want it as per your pictures, and as you suggest.

On 18 Oct 2011, at 10:50, XXXXXXXXX wrote:
Dear XXXXX,

Thank you for your email.

With regards to the item you have returned to us claiming a product fault. We have inspected the item and also had an independent person with professional knowledge of garment technology conclude that the item returned is not faulty. It was concluded that force was used to close the zipper which then has damaged the puller causing it to come off on one side.
This garment was sent out to you in perfect condition with no faults which we have evidence of.
We are therefore returning the garment back to you recorded delivery.
If you require further information regarding this matter, please get in contact.

Kind Regards

June
Customer Service Team

On 18 Oct 2011, at 12:41, XXXXXX wrote:

June,

Please do not return this item if it is still faulty. The zip has not been forced, and the garment has not even been worn. You confirmed that whilst the zip is a decorative piece, it uses a functioning zip. Clearly, the zip is not fit for purpose if it cannot be opened once whilst trying on the garment.
There were no instructions with the garment to say do not use the zip.
The sales of goods act says goods must be 'of satisfactory quality' and 'fit for purpose'. This is clearly not the case.
We don't want a refund or a faulty item, just a garment which can be worn as shown in the description.
The sales of goods act states that if you refuse to repair or replace the goods, we have a right to arrange for someone else to repair it, and claim compensation from the retailer for this, through court if necessary.
We would rather not have to do this, and would prefer your 'garment technology expert' to fix the supposedly functioning zip, and return so we can use the garment as described.
It is clear from the communication from our initial enquiry that you had no intention of helping us with our issue, which for a large retailer is hard to believe, the service so far has been totally unsatisfactory. If we had known how poor your customer service is, we would not have ordered further products from you.
In summary, the zip has not been forced, and was opened once when trying it on. This is either poor quality or the product is not fit for purpose, I find it very hard to believe you can not repair the faulty zip, on the unused product.

Sent from my iPhone

On 18 Oct 2011, at 13:08, XXXXXXX wrote:
Dear XXXXXX,

Thank you for your response.

In reference to your email, although we have pointed out to you the purpose of the zip detail being decorative we have used a functioning quality zip for which we have used in all productions and not had any faults with them.

Thank you for pointing out the sales of goods act, which we are aware of, however the item went out to you 'fit for purpose' and of 'satisfactory quality', which we have evidence of.

As we said we had a second opinion on the product so as not to be biased and their conclusion is that force was used causing the damage to the zip. Please do not suggest in your email that the product was unworn when it shows markings and signs of wear.

Your item has been sent back to you today.

Kind Regards

June
Customer Service Team
On 18 Oct 2011, at 13:24, XXXXXXX wrote:

June,
I apologise for saying the item had not been worn, I did not know my wife had worn it once. However, your sarcastic comment just sums up your customer service.
Whilst the garment might have been working when it was sent, the fact it does not work after one use indicates it is not fit for purpose, are you suggesting it is only worn once?
We will have the garment looked at by someone properly independent, and if faulty have it repaired and pursue costs through the small claims court.
Your 'help', sarcasm, and attitude has been totally discussing, you really need help on customer service.
Please can you provide detailed of who I can complain to in regard to this, or details of the director so I can write to them direct.
Thank you for your help!

Sent from my iPhone

From: XXXXXXX
Subject: Re: Ref order 21359
Date: Tue, 18 Oct 2011 13:41:35 +0100
To: XXXXXXXX

Hi there,

Referring back to your email, as we stated we do understand the item has to be 'fit for purpose' but you are sending confusing messages with regards to the product and its use.

You first stated in your email dated 16th Oct 'whilst trying on the jumper the zip would not undo it will not close or open"

Then in todays email you stated 'on the unused product' and now you are saying it has 'I apologise for saying the item had not been worn'. Regardless of its use, we do understand it has to be of 'satisfactory quality' which the product was when it was sent out to you.

If you wish to make any complaints then please write to the address below marked 'Customer Service'

Kind Regards

June
Customer Service Team
Any help would be appreciated. We are unsure what to do next, or if it is worth submitting a claim via the small claims court. The item is only woth £50, but the way they have handled it has 'proper' got my back up. We could also just get the zip repaired, which would likley be only pounds, and if thats the case I am sure it would not be worth claiming for a few pounds.

I just can not understand their belligerence in totally refusing to deal with the issue, or even repair it themselves, rather than just sending it back faulty.

Sorry for the long post, any help would be much appreciated. Thanks.


Trax

Original Poster:

1,537 posts

232 months

Thursday 27th October 2011
quotequote all
Thanks for the replies so far. It's does appear they decided to take the stance from the first email, before we had returned the item.

To return it under the distance selling regs, is there any specific way to do this? I would expect any further return of it to them will result in it being sent straight back, and them trying to bill us for postage. They are sticking to we damaged it, which is why they are saying it was forced, so their stance is we broke it - tough.

Don't think we can charge back either, as it was done with a Visa Debit, not credit.

I thinking small claims, but what would we claim for? Full item price, as it's not fit for purpose?

It doesn't appear they are a large retailer, don't want to name and shame, however their website has the number after 21 in it, and the there are seven of the other word in a week.

Trax

Original Poster:

1,537 posts

232 months

Thursday 27th October 2011
quotequote all
To find the retailer, just google 'the three letter word of which there are seven of in a week', and the 'numerical number which comes after 21'.

That's the name of the the website, and it comes up first.

Trax

Original Poster:

1,537 posts

232 months

Thursday 27th October 2011
quotequote all
Thanks for the chargeback info above.

Think we should start that procedure straight away, and also write to them, outlining what we are going to do, and mention trading standards.

I expected Jordan to be mentioned, as she is linked the the website, and I believe she has some ownership of the company. Didnt really want to mention her, (even though she is well liked on here....), however I would suspect we would have got a better response if her, or someone else high up in the company heard about this.

Will let you know how the chargeback goes, as I feel we may have issues doing that.

Edited by Trax on Thursday 27th October 22:40

Trax

Original Poster:

1,537 posts

232 months

Friday 28th October 2011
quotequote all
Burrito said:
I see you sent the first email on 16th Oct. When did you receive the jumper?
We received the jumper a couple of days before, probably on the 14th October.

Trax

Original Poster:

1,537 posts

232 months

Friday 28th October 2011
quotequote all
Dr Doofenshmirtz said:
That looks like the chaviest clothes retailer EVER!!
It's obvious that odious brain dead bint Katie Price has something to do with it...shesh

For gods sake man - do a charge back and give your missus a slap for buying such ghastly clothes. Is she 14 or something?
I am surprised it took that long for the irrelavant (I dont like Katie Price) comments to be made. Who the shop belongs to is irrelevant.

The garments may not be to everyones taste, especially elderly gentlemen, but chavvy? I wouldnt have said that, even though I am easily old enough to be a grandad.

I have just seen an advert embeded in another post on here for the online shop in question. Very bizzar coincidence?