@rapha : Clothing became unstitched after wearing and washing twice. Item is currently still within 30 days of purchase.**Settled**

[Manxman in exile]

Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.

 

*  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.

[Manxman in exile]

3 hours ago, spesh88 said:

...

 

I have received no reply and their 'returns process' will not provide me with a returns number/authorisation unless I agree the item is unwashed and 'as new' i.e. saleable and unwashed.

 

I plan to return them to Rapha at my own expense and push for a refund. Do they need to comply? They state on their website they may return non-saleable returned items without refund/exchange.

 

 

Those considerations will only apply to "change of mind" returns within the 14 day statutory cancellation period* for off-premises purchases, or to their own returns policy, which will be in addition to any statutory rights you have.  (They can apply whatever conditions they like to their own returns policy, but can't take away or weaken your statutory rights).

 

In this case the tights are the product of a faulty manufacturing process (or faulty materials) and you are entitled to return them free of charge for a full refund within the 30 day initial rejection period.  I don't think it matters that you haven't actually returned them within 30 days so long as you have informed them in writing within 30 days that you are rejecting them.  They pay your return costs.  The fact you've washed them is irrelevant - you are returning them because they are faulty, not under any "change of mind" policy (whether the 14 day stautory cancellation period or Rapha's own returns policy).

 

(Bit disappointing really - I've always thought of Rapha as a higher quaility retailer of cycling gear - if somewhat expensive)

 

 

*Some might question whether even items returned within the 14 day change of mind cancellation period need to be "saleable" to qualify for a refund, but not relevant here.

[Manxman in exile]

I'm sure they probably haven't, but you do know they can simply refuse* to accept mail that has to be signed for?

 

All you need to do is send it first class from a post office and ask for a free proof of posting certificate.  The Interpretation Act then deems it to have been delivered to the addressee two working days later - unless the addressee can prove they did not receive it, which is very difficult to do.  (That's why Notices of Intention to Prosecute for speeding are sent out first class by the police and not signed for - it's virtually impossible for the recipient to prove it was not delivered and thereby served on them.  If it's sent signed for, the recipient can simply refuse to accept delivery).

 

Signed for really hasn't any advantage over first class plus proof of posting, and in many ways is less useful.

 

*I'm not sure what the current position is concerning Covid anyway.  Is anything signed for at the moment?

[Manxman in exile]

Well done.  I too suspect it was the letter before claim "wot dun it".