URGENT! HELP! What are my rights on returning clothes?

[twogorgeousboys]

In March I bought (a very expensive) outfit for ds2 for my brothers wedding (end of June). When I bought it I was unsure whether to buy the 12 mth size or the 18mth size as ds2 will be 11 months at time of wedding.

I explained all this to the assistant, and between us decided to go for the 12 months size. If there were any problems, I could bring it back and exchange it.

Obviously the outfit didnt fit ds2 when I bought it. However, 2 weeks ago I tried 1 of the items on him and its clear it isn't going to fit at the end of June!

I bought the outfit when I was visiting my Aunt in Liverpool. I sent it all back up to her in the original bag, with tissue paper, all tags intact.

The shop are refusing to exchange it, "just because he's grown out of it".

I'm really upset - it cost £75 and I can't afford to shell out more money for another outfit.

Anyone know if I have any rights here or not?

I've looked at all the consumer rights stuff on the web, but can't find anything specific about returning clothes.

I don't think you have many, if any, rights at all

I wonder if you do have a right because of the verbal agreement between you and the assistant that you could return it if it didn't fit. Obviously a verbal agreement is very difficult to prove.

The alternative is to get someone else to return it saying it was given as a gift but is the wrong size. They may be able to swap it for the larger one.

I think it's time to make a fuss. Legally the position is you can only get a refund or exchange IF the goods are faulty in some way. But in this case you had another contract with the shop because the assistant promised you that you could exchange if it wasn't the right size (though the time delay between March and now does complicate matters as it may now be old stock etc). Personally I would call (shame you can't actually go to the shop as that is much more effective) and say that a/the shop assistant promised you and you wouldn't have bought it if she hadn't made that promise and b/Throw yourself on their mercy - point out you love the outfit, would happily have the bigger size your son never wore the other outfit. The longer you are on the phone and the more fuss you make the longer they are likely to cave in.
If this does fail, then put it on ebay and buy something cheaper with the proceeds.

You should be able to get at least an exchange if the tags are still on and it hasn't been worn. I worked in retail, and we were allowed to give an exchange, even if they didn't have a receipt but the item was in its original condition, and we were able to sell it again. Or you can use the excuse that it was a gift so you don't have a receipt and that it is too small, and would like another size.

O and it would also be a good idea to say that you were told by one of the assistants that you could exchange it, so technically they will be in the wrong for given you false information if they go against it. It'll be helpful if the assistant could be pointed out too, not too embarrass the poor soul of course!

Message withdrawn

The bar has been set pretty high for small retailers in customer service standards as people tend to expect no questions asked returns as you get from M&S etc. I would say that because you created a verbal contract with the shop (assistant)you are probably entitled to an exchange, but difficult to prove. Otherwise they would only have to replace faulty goods, apparently clothes shops fare very badly on this as a relatively high proportion of customers deliberately damage goods in order to obtain a refund. it's therefore in their interests to exchange to discourage spoilt stock and damages. Normally, as i understand recipients of gifts have no rights as they haven't had a contract with the shop at all. The shop is entitled to ask for proof of purchase which need not be a receipt but most usually is (could be a credit card statement). There is also an interpretation of a reasonable time passing before you returned the goods which is discretionary. I recommend being nice as a customer because I'm much more willing to go the extra mile for those who are nice to me. Customer service is one of the few things that small retailers can compete really well on, so I'm surprised that this store isn't more generous.

lemonice, I think the law recently changed as regards gifts to give recipients the same rights as the original purchaser. However as has already been stated only faulty/damaged/unfit etc goods are legally required to be replaced/refunded, unless as in this case a verbal contract has been entered into. Agree there is pressure on smaller retailers to keep up with the multiples on opffering goodwill exchanges and refunds.

tgb, you should be able to insist upon at least an exchange, as that was part of your verbal contract, but not sure where you stand if they do not have an alternative size.

Think the Trading Standards website had something on this.

Here are consumer rights for purchasers . However if you scroll down your situation does fall into one of their "when you are not entitled" categories except that you have a verbal agreement as described at the top of the page - difficult to prove though.

Good luck

My mum has taken several things back because when they didn't fit at the appropriate season. Say she cought a 3 month winter outfit and come the end of winter it was still much too large she would take it back. For some reason nobody argues with her.

Thank you so much for all this useful advice! My Aunt is going back to the shop on Monday. It is a pain not being able to go myself, but I'm in London!

It is a very small shop and I would have thought that given the outfit is still "in season" and I'm not trying to get my money back (plus conversation with shop assistant) that they would be reasonable. However, they were really rude to my Aunt the first time she went in. They'd better not get her hackles up too much as she has a fearsome temper when provoked!

any joy ?

Hurrah!

Aunt saw much more reasonable person in shop today, discussed what sales assistant had said to me and clothes have been exchanged.

Thanks for your help everyone.

Excellent!

Tescos won't exchange without a receipt even if the clothes are in 'as bought' condition.
Glad you managed to get your items exchanged.

Good result 2gb !

The reason most shops insist on a receipt is to avoid shoplifters returning clothes, if you paid by card, then a copy of the transaction should be enough to prove proof of purchase.
I have been really lucky returning things!!

Piffleofagus - I understand that but if I was a genuine customer and they would not exchange them for something that fits then I would then be an ex customerhad (like I am with Tescos), if I had shoplifted these goods then the shop would still be out of pocket for goods to that amount of money. I can understand not giving refunds or even credit notes but an exchange is a different matter.