Buying Clothing and Footwear
Your statutory consumer rights with regard to the purchase of clothing and footwear can be found in the Sale of Goods Act. They refer to standards of quality and consumer expectations, and what you should do if these are not met.
Your statutory rights
Any item of clothing or pair of shoes you buy should be of reasonable quality, with no damage such as missing buttons, holes, stains etc. The items should be fit for the purposes intended – i.e. hiking boots should be tough and strong, and should also be exactly as described – if a rain mac is described as waterproof, it should be exactly that!
Any breach in your statutory rights
If any of the above are not the case, there has been a breach in your statutory rights and you would be entitled to a repair, a replacement or a full refund. Remember your port of call is always the shop or retailer – you should not be referred to anyone else and they cannot tell you it is no longer their responsbility. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, within reasonable time, at no additional cost to you and without causing any significant inconvenience, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
Where a refund is the only option, but you would like to keep the item anyhow, you are quite within your request a discount on the price paid.
Proof of purchase?
Shops will often tell you they will only give a refund on production of proof of purchase. Don’t be mislead into thinking this must be a till receipt. It can be a bank or credit card statement, although you may run into difficulties if it is for a different amount than that of the item you are trying to return.
If the item is damaged, then strictly speaking you don’t need your till receipt. However, it is always recommended you have it, to show that it was bought relatively recently and the damage wasn’t caused by continued use or wear and tear over time.
Where you have no rights
The following are common situations, but do not require the shops to do anything:
- You simply changed your mind or the item was not appropriate due to colour, size or style
- If you buy something expecting it to be a size 14, but it clearly isn’t your size, this does not mean you can get a refund, although you can usually exchange it or get a credit note.
- If the item of clothing is dirty and the mark can be removed by washing, this is not the same as damage and shops are not obliged to give you any discount
Buying seconds or damaged items
If you are buying seconds, you are still entitled to an item of clothing which is undamaged and fully wearable. If you knowingly buy a damaged item of clothing or footwear, the specific defect must be pointed out to you before you buy, and although you cannot then return the item on the basis of that defect, it does not mean you cannot return the item if you discover something else wrong with it – even if they have reduced the price. Don’t let the sales assistant tell you otherwise!
Related posts:
i have bought an item from jd sports and it is too small for my son. when i bought this i clearly stated to the member of staff, that if it is too small, can i exchange it for a larger size. this was acceptable. i have tried to exchange this item of clothing, but have lost the receipt. can you tell me if i am entitled to exchange it for a larger size. thanks
Silvester, Legally shops don’t have to do anything once you have bought them item, but they have the right to demand proof that a contract of sale existed, otherwise you could have bought it anywhere. If it is obvious that the article came from there initially (e.g. own-branded goods), then you will be in a stronger position. Still, you don’t have any automatic legal entitlements unless the item is faulty or damaged.
I purchased a pair of shoes at office last week for a bussiness trip to sri lanka they were in the sale so i was told that I could not return them,when i got to the hotel after a 20 hour journey I took off my shoes and my feet were extremely black from the dye in the shoes. I had to ask the hotel for a srubbing brush to get the dye off but it wouldnt all come off.I took the shoes back to the shop and was told that it was natural to get some loose dye from the shoes and to try them again and see if it gets any better.To me these shoes are faulty and I should be entitled to a refund.
Andrea, it is misleading for shops to tell you that because something is in the sale you cannot bring it back. You are still entitled to return the item if it is faulty. From my limited knowledge of shoes, I would say it is normal to get some staining, but this does seem excessive and could make them unwearable. If the dye continues to stain your feet, take them back and request a refund.
On the 11th of September 2008 I bought some boots from Jigsaw costing 215. At Christmas we went away to Antigua and I was wearing my boots during the journey, once I got to Antigua I had to take my boots off for a security check and could not put one of the boots back on. I took them back to the shop and explained the situation. I also stressed that I was not interested in money back but would like a replacement as I liked the boots. After five weeks of investigation, Jigsaw Head Office decided that there is no fault found and therefore they will not replace or refund. What are my rights? I only had them for 3 months and they were quite expensive. I have lost my money and I’m left with boots that I cannot wear. The fault in the left boot occurred in the first 3 months and it’s not a matter of wear and tear as Jigsaw said in their defence.
I’m not sure what my next step should be, I look forward to hearing your opinion on this matter, as I have never found myself in this position before.
Florence, If a fault develops within the first 6 months, the assumption is that the fault was present when the item was sold and you have more robust rights. Plus the fact that you are only seeking a replacement and not a refund. If possible, get another boot of the same size and compare the two, this should demonstrate the fault in the boot you have. To have such excessive wear and tear at 3 months sounds a little unreasonable. Go back saying you are unhappy with this response, quoting the 6 month rule under Sale of Goods and let them know that you will attempt to recoup the cost of the boots through the small claims court if necessary.
Hi, I bought a pair of boots from Office in December. After a week, one boot started to squeak when I walked, so I took them back and got a replacement pair. Now less than 4 months on, one boot has started squeaking again and I can feel it doing it – it’s uncomfortable. What are my rights? Do they fall into the Sale of Goods 6 month rule? Can I reasonably ask for a refund? And what if the shop make things difficult, what’s the next step? Thanks
I bought a pair of shoes in Barratts in January. A few weeks ago one of the stitches down the centre tore through the leather leaving a small hole. I never got around to taking them back but then an inch gap has appeared where the leather has come away from the sole. Yesterday I took them back to a different shop from the one I bought them in as it is now closed down. I was told it was debatable if the goods were faulty as they looked worn and there were a few scuff marks. I was also told that the shoes are also sold in other shops and I didn’t have proof of the purchase from this retailer. I said I could get a bank statement but was told that this only proves that I spent that amount; I may not necessarily have bought these shoes.
i purchased a pair of sunglasses and took them home to find out i dont really like them. i took them back for an exchange which the store did, however i was to be credited £30 pounds which i wanted to go onto my card and not a credit note. the store does not display their return/exchange policy about this am i entitled to a money refund on my card? i took the credit note but want to take legal action for this, where do i stand do i have any rights?
Katy, yes, they do fall into the Sale of Goods six month rule. However because you have had them for 4 months, the shop only has to provide a repair, or a replacement rather than an automatic refund. If the boots start squeaking for a third time you can reasonably claim loss of faith in the product and ask for your money back (less a percentage to reflect the use you have had of them).
Paul, Always advisable to take shoes back the moment you spot the hole to avoid the shop using the old wear and tear excuse. Sale of Goods provides that items should be of good quality and durable and if the leather has split after only a few weeks, this isn’t acceptable. You can take items back to any branch of the same retailer, don’t be told otherwise, and the statement is proof of purchase as long as it has the amount and the name of the store – again don’t be told otherwise. Request a repair or a replacement, as is your right under the Sale of Goods. You can’t request a refund unless these two options have been exhausted first.
Tara, legally the shop are under no obligation to do anything if you simply do not like the item. Therefore they are within their rights to offer you the difference in price as a credit note and not as a refund. They should have their returns policy on display though. See: http://whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/
I bought a pair of boots for my daughter from JEFF BAINS shoe shop
in Walsall. After two weeks of wear the heel collapsed and went into a hole, i took them back to the shop and the manager said it was wear and tear… After two weeks of wear i said dont be daft but he did not want to know. Where do i stand on my rights, he thinks i dont have any rights. ……Be carefull any body buying goods from JEFF BAINS shoe shop becouse you wont get your money back or a replacement.
You are covered by the Sale of Goods Act and he should at least offer to repair them.
Hello there, only 5 months ago i paid 100 pounds for a pair of waxed canvas military boots from this website. After this short time rips and tears have began to appear on the shoes and i have only been wearing them as normal ie around town etc. i am really upset as im a teenager with a limited budget. I wish to purchase another style of boots from allsaints, do you think i have any stance against them for a voucher of the same value towards a new pair as mine became damaged after only 5 months? thankyou
Hi James, no you have to give them the opportunity to repair before asking for a refund, but suggest it to them as a possible remedy.
Hi there,
I bought some trousers from Dorothy Perkins at the very end of December 09, and after only wearing them a couple of times the hem has completely gave way one the bottom of one of the legs, around the whole thing. I’m not good at sewing at all. and because of the design I’d make them look a mess if I attempted to do this, am I entitled to an exchange (I like the trousers) and a refund (if I see other trousers elsewhere which are better quality I’ll opt for them instead!) I’m worried as after checking the other trouser leg, the hem seems quite weak!
Hi Ann, no they are entitled to attempt a repair first. You are not entitled to an exchange or refund unless there have been a few failed repair attempts but many shops will offer this
I bought a pair of boots in sale, although still quite expensive, and i wore them for the first time and after a short distance the boots started to cut into the back of my heels and now my heels are cut quite badly. Despite being worn can i return the boots as i feel having spent so much money and don’t want to be left with a pair i can never wear.
Hi,
I am having a HUGE problem with Gucci. I bought a pair of shoes last August and they were ballet pumps but they were made of leather with pvc on top so not very stretchy I found out. After wearing them for a few weeks I found there were cutting into my foot just under the big toe. They used to leave a deep dent there whenever I wore them but I kept thinking they would stretch. Then I finally got fed up as they were causing a lot of pain, and even when I wore flip flops they would cut in when they never used to before, so the Gucci shoes have caused some lasting damage. In October I took them to Gucci Aftersales in Bond Street and explained the situation and they said they can’t so anything. They were extremely unhelpful and rude. So I went into the Bond Street Store who told the aftersales to send them to Italy. I called the Aftersales in December as I had not heard anything and the lady I spoke to said I would probably get a refund as the shoes are unwearable. Then I got a call saying the shoes have been stretched and have come back, I had already told them I had stretched them a number of times and that it failed to solve the problem as the material was so hard. So I went today to collect the shoes and nothing had been done to them, I tried them on in the store and they even after 5 minutes of wear gave me the same dent in my foot. No one was prepared to do anything, the Aftersales were called, the Managers, they were just totally useless. I asked for a credit note so the money I spend did not go to waste but they just said the shoe did not suit my foot!!!! I have been wearing shoes for 34 years and I have never had such a bad pair of shoes and from Gucci, who are supposed to be a premium company! Is this fair what they have told me or am I entitled to at least a credit note?
The shoes are totally useless, I can not wear them and they have caused bad damage to my feet.
Hi,
I got some trainers from JD Sports and within the first 2 weeks, the painted rubber on them was peeling off.
I took back to the shop and the manager said she will send them away for inspection.
They come back to my house today with a letter sayong they will not be offering me a refund or exchange (or Repair!!!) as it is my fault as i have cleaned them. The letter states “a strong smell of detergent”.
I have not cleaned them – where do i stand now?
Hi all
I recently (10 days ago) purchased a long cotton cardigan form a H & M store in Birmingham. I wore it twice, then washed it, on a 40degree cycle, as advised on the care label inside. The cardigan has now shrunk, and doesnt fit. Im disappointed of course, but worried it’ll just happen again if Im given an exchange!
Please advise
Patsy
4 months ago I bought some boots from dorothy perkins which I love but have recently started to fall apart, the heals have worn down a lot and the leather on one heal has come away and at the top of the boots there is an adjustable tie so you can tuck jeans in them which has metal rings that they go though and one has come off. I’m very disappointed because I really like them and paid 55 pounds for them to last a measely 4 months. Where do I stand with regards to a refund exchange etc… Thanks leah
i went to a small shop and i wanted try this two piece trouser suit on but the assistant said that i cannot try the trousers on but i can try on the top, i asked ‘why?’ she said they don’t have the time because it takes too long as there is only one dressing room. as i am quite short i really needed to try on the trousers i don’t want to buy the suit if it does not fit. i want to know is it my right to try before i buy?
I recently purchased a top from Topshop. I have only worn it once and have discovered a small hole in the shoulder. I don’t have the receipt, and when I went back for a refund, the woman serving said it looks like the top has been cut with scissors, and demanded proof of purchase. I have only just noticed the cut, so it may have been there before i purchased it. Am I within my rights to request a refund due to the item being damaged?
Hi,
I have ordered my wedding dress 7 months ago which was being made for me – I have now cancelled my wedding and informed the bridal shop. They have told me because I signed a contract which states I cannot cancel because it is a special order I am not entitled to a refund and they are insisting when the dress arrives next week that I have to pay the balance (I paid 1/2 deposit) and take the dress away. I don’t want the dress – can they make me pay for it in full and take the dress?
I brought a dress on-line from ASOS and I was delivered the completely wrong dress – since then I have been on line and it appears to be sold out absolutely everywhere – although I know I will be offered a refund It is the dress that I want as I am going on holiday in 3 weeks and it’s perfect. Do I have any rights where I could actually say that that is the item I paid for and that is what I expect/want instead of a refund?
Hi I boughht a pair of shoes and they started cutting the top of my feet just after two or three weras, I bought them back 3 weeks later for a refund, and was told i couldnt return them becasue they were worn, and it’s normal for shoes to cut a little.
I brought 2 tops from H&M about 3weeks ago. I went to try them on , however was told the changing rooms was closed due to the store soon closing. I brought the products, hoping they would fit. When trying on the garments at home they did not fit. I misplaced my receipt and tried to get an exchange, and was told they can not do anything as i do not have a receipt, i spoke to the store manager and customer services wh also refused to exchange the items. I do have a bank statementn and informed them of this, but they told me that it doesnt matter as it wont show the items purchased. Im i within my rights for an exchange?
I bought a pair of Hobbs last week too, and having worn them for one day, both the back of my ankles have peeled and now scabbed over. Does anyone know if I still have the right to get a refund on them?