Wrong sleeping bag delivered-won't reimburse

[vava]

Hi
I am really upset as I have ordered a 1 tog grobag sleeping bag and they delivered a 2.5 tog sleeping bag (mine were too small). I only noticed it too late and they said that if the item has been used (put in the washing machine) they cannot take it back and that's it!
Not only I was not going to send it back as who has got time to go to the post office especially when it is their fault!
They send the wrong one which means I have no sleeping bag in the meantime, the least they could do is to refund me or to send me the 1 tog for free, what do you think?
What should I do? I responded it was unacceptable but I have not any answer yet.

TBH, I think you're probably stuck with it. If you'd noticed and asked before you'd washed it, I think they'd be obliged to exchange it, but probably not now. Sorry - not helpful, I know...

Your rights exist only if item is returned in its orginal packaging
By washing you negate the obligation.
Sorry not great news.
Maybe selll it on ebay or mn to recoup some of the money towards anew one?

MerryPiffmas, that's not strictly true. The law would say that, by washing the item, her actions indicate she has 'accepted the goods' and therefore isn't entitled to full refund/replacement as she would have been if the mistake had been noted immediately and reported.

This doesn't mean she has no rights at all though. Because you have 'accepted' the goods the law (Sale of Goods Act 1979) would entitle you to reject the goods (send them back) and have a partial refund or a replacement item (technically in the same condition but unlikely the company are going to send out a washed and used grobag?!)

You aren't entitled to keep the goods AND have a refund/replacement unfortunately as the law says you should be put back in your original position i.e with the item you ordered or the money to buy elsewhere.

Sounds like the trader is digging their heels in which means you might be wasting your time chasing it further but if you want to pursue it I would put your complaint in writing and send it by recorded delivery (keep a copy if poss) and tell them what's happened and what you want them to do. You should say you expect a response within 10-14 days and you might also want to add that if you don't receive a response you will take the matter further.

Unfortunately, if you don't get a response then the ultimate action to take is to sue them through the small claims court which can be time-consuming and cost more than the goods in dispute.

more info and sample letters here

Just to add that I agree the more practical option would be as MerryPiffmas says to sell it on and recoup some money that way.

I just thought I'd let you know your legal position and that sometimes it doesn't harm to kick up a fuss to try and get what the law says you're entitled to. You have to decide whether it's worth the hassle though.

Wow! Baconbaps I love you will, you be my best friend?
See my message on complaints thread. Thought I knew everything about consumer rights, but you obviously beat me hands down!

thanks for your responses but I am still not sure what to expect.
With lots of other websites, if the good was broken or missing or expired (food), they would reimburse in order to satisfy the customer. And even if I have noticed right from the beginning, I would have had to send it back, pay for the postage etc...and have no sleeping bag, is that normal?
They still have not responded, I guess they are ignoring me....what about if I tell them that I will make bad publicity?

"And even if I have noticed right from the beginning, I would have had to send it back, pay for the postage etc...and have no sleeping bag, is that normal?"
Yes but you could have claimed the return postage back as it was their and they would have refunded or replaced, but it's too late now. Baconbaps is right.

Ebay it quick while there's still time to post for Xmas (3day auction) - good condition ones go for at least 50% of rrp.

Cheers fizzbuzz, it's what I did in my last job but I don't know everything by a long. looong way! Can't find the thread you mentioned?

Vava, what traders do as goodwill gestures for customers and what the law says they are obliged to do are two different things. Did you buy online? If so, the law says you have 7 days following delivery to change your mind and send goods back (unused) but you have to bear the postage costs.

If the item is faulty, misdescribed or not fit for the purpose then you have the right to send the goods back for a full refund or replacement and be reimbursed any p+p. The seven day limit doesn't apply but you would have to notify them within a reasonable time (not much more than a couple of weeks although the law doesn't specify).

In your case, because you didn't notice it was the wrong item (it is your responsibility to check) and the item has been treated in a way that would suggest you have accepted it i.e used and washed. This affects what you are entitled to.

Now you can ask/demand whatever you want but whether you get it is a different matter. You can even threaten them with bad publicity. Most traders will do more than they have to just to keep customer happy but some won't and, in your case, they are entitled to refuse a full refund or a brand new replacement - miserable beggars of course but there you go.

All I can say is the law gives you certain rights but it's another matter to get what you want if the trader decides to be a complete git.

Your options are:

Send a recorded delivery letter as advised earlier. Don't forget to tell them what you want them to do after you've explained the situation. If no response take legal action (Consumer Direct can advise you how to do this and you can get the documents from the local county court. But bear in mind you might not win and the whole thing could cost more than the grobag and is a lot of hassle)

Threaten bad publicity if you must as it sometimes works.

Put it down to experience, don't buy from the trader again and sell the item on to recoup some of the money.

yes it's really annoying that I have to bear the consequences of their lack of competence. I have ordered an item only, how is that possible to get it wrong? Next time I will order from Mothercare or another serious baby shop not "Up to five". If that happened to anyone with this shop, please let me know how it went.