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I've never done this before as I've never had a supplier refuse to accept their goods are unfit for purpose, so trying to work out which route will get me my money back in the quickest and easiest way.
I bought a Spring/Autumn long-sleeved cycling top in November. Tried it on at home and it seemed ok and put it in the wardrobe until the weather warmed up. It's a really nice top overall so bought a similar top from the same brand to be told the sleeves on the new one were slightly longer...
Finally got round to riding the top on Saturday to find that once you're riding on the hoods, the sleeves ride up to the extent there's a big gap between the end of the sleeve and my gloves (which have long cuffs as they're Spring/Autumn gloves) - letting the cold air in - which for a cold-weather cycling top is a functional inadequacy rather than a cosmetic thing.
So I wrote to the supplier and asked for an exchange on the basis the top isn't fit for purpose, included photos of me with other manufacturer's tops which fit fine to show I don't have abnormally long arms and referenced the fact that by lengthening the sleeves on the new model that they knew they had an issue.
I've also found an online review (dated August) of this top with a number of reader's comments all making the same point - sleeves are too short even when other makes fit fine. I've sent this to the supplier to back up my claim. They've responded to the reader's comments so they know they have a problem.
The long and short of it (excuse the pun!) is they're refusing to exchange on the basis I've worn the top.
The point I've made is they sold a top with a known issue that makes it unfit for purpose and that I couldn't know the sleeves were too short until I actually used the top. They're refusing to accept this.
Consumer Rights Act says claims based on unfitness for purpose have to be made within 6 months of purchase, which I'm well within.
I think the supplier is being stupidly stubborn on this, especially as I have proof this is a known issue. They've definitely lost any future business and any social media advocacy from me.
But main question is what's the quickest and easiest way to get my money back - Chargeback (I paid with my credit card) or complaint under the Consumer Rights Act?
No naming and shaming, sorry...
So I wrote to the supplier and asked for an exchange on the basis the top [b]isn't fit for purpose[/b], included photos of me with other manufacturer's tops which fit fine to show I don't have abnormally long arms and referenced the fact that by lengthening the sleeves on the new model that they knew they had an issue.
What purpose is it designed for? How has it failed to do this?
My understanding is that you can still wear the top and still go cycling in it, ergo it is not unfit for purpose.
Talk nicely and the seller might do something out of their goodwill reserves.
You've bought an item of clothing that doesn't fit you well.
HTH.
🙄
So the top is too small for you, and you missed it when you tried it on. Sounds like it fit for purpose if you were the right size for it
What size is it?
I've got short arms. 🙂
From your Strava ride pic you're right, those sleeves are clearly far too short
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You should also pursue your parents through the courts.
They have supplied you with arms which are equally unfit for purpose.
The arms supplied are clearly too long to fit into a perfectly good jersey.
I bought a Spring/Autumn long-sleeved cycling top in November. Tried it on at home and it seemed ok and put it in the wardrobe until the weather warmed up. It's a really nice top overall so bought a similar top from the same brand to be told the sleeves on the new one were slightly longer.
Just to clarify, you bought two tops, but one has shorter sleeves than the other?
once you're riding on the hoods, the sleeves ride up to the extent there's a big gap between the end of the sleeve and my gloves (which have long cuffs as they're Spring/Autumn gloves) - letting the cold air in - which for a cold-weather cycling top is a functional inadequacy rather than a cosmetic thing.
Is this an Endura top btw? I've found their sizing can vary massively, even between two copies of the same garment.
trying to work out which route will get me my money back in the quickest and easiest way.
Sticking it in the classified forum. 😀
By supplier do you mean reseller? Because your contract is with the reseller, not the supplier.
Reseller = a shop
Supplier = manufacturer or distributor
Just to clarify, you bought two tops, but one has shorter sleeves than the other?
I think the OP bought a top that he thought fitted, then bought another top with sleeves that he thought were too long, but then found out that the original didn't fit and the new one did. 😀
No comeback here, obviously.
Cut the arms off and enjoy your new t-shirt !!
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put it in the wardrobe [b]until the weather warmed up[/b]
....which [b]for a cold-weather cycling top[/b] is a functional inadequacy rather than a cosmetic thing.
Which is it?
You bought a top, it doesn't quite fit you. If you try on bike stuff then get in a 'bikey' position to feel how it will actually fit when you're using it.
If you'd sent it straight back then you might have a case, but to wait 5 months and then try to send them old stock of an item, presumably without it's packaging, that's been updated in the meantime (to improve the fit, not because it's unfit for purpose) is a bit much.
I love these threads where the OP gives two options and the masses come up with twenty two..
I've got a Vulpine softshell jacket which has noticeably shorter sleeves than my Gore/Assos ones. This is not noticeable on a 'normal' standing about position, or on a more upright bike, but is more obvious the more stretched out you get (think being on the drops), hardly surprising.
Whilst I wish it was a bit longer in the sleeve (and correspondingly more generous across the shoulders), I would never, ever deem it "unfit for purpose". That's just [I have a potty mouth].
TL:DR, this:
You've bought an item of clothing that doesn't fit you well.
HTH.
Should have tried it when you got it I'm afraid, it's a fit issue.
funnily enough, I was talking to a mate about the btwin winter leggings, I find them so low at the front that you feel like your chap will spring forth. He thinks they are grand.
it's a fit issue, nothing to do with fit for purpose.
Just for the record, "not fit for purpose" is used far too much, and rarely stands up in actual complaints to Trading Standards. It's a very blunt tool and most consumers misunderstand it.
If you think you're buying a cycling top, and I've sold you a bucket, _that_ is not fit for purpose, in the eyes of TS. If you think you're buying a cycling top, and you _get_ a cycling top but the sleeves are a bit too short, any argument about fitness for purpose is irrelevant.
Assuming you bought it "sight unseen", in other words online, by mail order, etc. - or actually from a shop where you didn't have chance to try it on first - you'd have had 14 days after the top arrived to try it on and check it fitted, and another 14 days after that to ensure it was returned (UK distance selling regulations). Just because you waited a few months doesn't mean that the top is still "new".
Sorry not to take your side about this, but Trading Standards are there to protect the sellers as well as the buyers. Your best bet is to argue it out with the seller, but there's nothing legal you can appeal to because you bought a top that doesn't fit and you didn't realise for a few months.
This is just buyers regret. People like you must be the bane of shopkeepers lives!
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"But.... this was supposed to be a long sleeve jersey!?!?!?!?"
UK distance selling regulations
No such thing. Consumer Rights Act, and it's 30 days not 14.
Still not five months though.
If you think you're buying a cycling top, and you _get_ a cycling top but the sleeves are a bit too short, any argument about fitness for purpose is irrelevant.
Goods have to be "fit for purpose," "as described" and "of satisfactory quality." The OP could arguably have a claim for the second if not the first, but really, "I haven't inspected the goods until just now" is pretty shaky grounds for complaint.