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!
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Hi i bought a pair of high waisted jeans in the sale in Oct 2018 from New Look which i have worn literally a handful of times (as i live in leggings or gym stuff usually) Anyway today i put them on, sat for a little while then when i bet over to pick up my bag,they tore near the back pocket. I was mortified as i was due to travel shortly afterwards and had to go with a jacket wrapped around my waist as could clearly see my butt :/ I am a size 6 in clothes, these are a size 8 jeans, so it definitely isnt caused by being ill fitting. Do i have any rights for a replacement, as the 6 month rule has just past? :/ Loved the jeans too. and this is a first ive ever encountered this problem. Many thanks
Good evening, i brought a 3 piece suit this afternoon from a med/high end shop @ my local shopping centre.
I entered the store & my words were “i need a suit for a funeral i must go to tomorrow & do not want to spend more then £200 please” his service & attention to detail were imaculate.
After wearing the trousers it was a bit big for me so he suggested having them sown to size, i was happy with this.
When time came to pay he charged me £220 additioning the tailoring of the trousers, i accepted this wothout resistance & proceeded to pay.
Now, this is what’s nagging my head, i have checked online for the average price for this sute i brought & it’s no more then £80! (Amazon, Ebay, smartclothingmenswear etc)
I feel like i have been decieved & ripped off.
What should i be thinking & should i do something about this? or indeed could i???
I would feel a bit bad though because his customer services was up there along side his collegue/wife, they even gave me a bottle of water.
I wish i walked in saying “don’t want to pay over £100”.
Look forward to your reply, thanks.
My daughter bought a pair of slippers from Sainsbury’s about 2 months ago.They stated large on the base. But now she has tried them on they are different sizes. Unfortunately she did not keep her receipt but had the cardboard ticket containing the bar code. She paid £10 but was offered a £1 gift card. Surely they should have been exchanged for a pair of similar price as they were unfit for purpose? Is this correct?
I bought a fleece from go outdoors the stiching around the bottom has come away so elastic hem is now dangling down, am I entitled to an exchange its been a week since I bought it.
I purchased a maternity costume from Mothercare to try on at home. There is dry blood near the gusset. Labels and hygiene strip are intact. I obviously don’t want it in that condition but shop have refused to exchange it, saying I can’t prove it was on the item already.
Hi,
I am having a real nightmare with Topman, who keep putting up a brick wall and saying it’s wear and tear’.
I purchased four fashion style pumps for 22.50 each. Each one a different colour. I have had them over a year (brought in Match 2018) and although i haven’t wore them much, all four pairs have come apart wear the toes are and a small hole has developed on each pair, on the right foot,.
I have emailed and requested a refund, they have said it is wear and tear and no one else has returned this item with this fault. I then requested that a credit note would suffice, they again replied saying it was wear and tear.
I then emailed again stating that they were unfit for purpose and poor quality. They requested that i screen shot my statement and the box i purchased the shoes in. I have done that and again, today, they have simply replied, ‘as previous advisor explained we cannot offer a refund due to wear and tear’.
So, they haven’t even looked at the screen shots of the box, which has some store codes on to prove i brought the item from them i assume an simply keep parroting this ‘wear and tear’.
What can i do as a next step if anything?
Am i entitled to a partial refund or a replacement or do i have to prove the footwear has been made in a flimsy manner bu taking it to a shoe specialist?
Many Thanks
Kieron
I bought 4 pairs of shoes from Moda in Pelle this week – all the same size. The pairs fit perfectly, but one pair is so small I can’t even get them on my feet. I’ve spoken to them and asked if I can exchange or get a refund. I can, but only if I shoulder the cost of the postage. In my mind these shoes are faulty. They are a completely different size to the others but Moda in Pelle are putting it down to the individual fit of certain styles (they are just casual ankle boots, not skinny stilettos). If this is the case why do we bother having sizes at all? Where do I stand with this? I’ve argued strongly that they’re faulty but they’re not having any of it. What’s more worrying is what people are saying on Trust Pilot. Lots of similar issues, but then people aren’t getting any sort of refund at all after their item has been returned.
I purchased a pair of trainers and wore them 3 times, when the pavement outside was wet they were very slippy, did not grip, and I was afraid I would slip over.
I tried to get a refund from the shop on the basis that they were not fit for purpose:
1. They said they were not faulty and because they had been used they could not re-sell them, I replied they were faulty because they were not fit for purpose.
2. They said they were not responsible because they did not make the trainers, I said they were because they sold them.
3. They said I should not wear them when it was wet and I should wear wellingtons in this situation.
They would not give a refund and gave me their customer services number because I was not happy with their response. I would like advice before phoning customer services.
I recently bought my daughter some shoes from Wynsor for school and within a week the sole is literally half hanging off am I entitled to a refund or replacement the shoes are leather and do have a few scuffs but nothing to indicate a big fall for the sole to come off
Hi
I bought a pair of Sons of London shoes and this cost e £200 therefore prior to the purchase I reconfirmed with the company that it says that I should buy the shoes smaller than the person’s dress size and the customer service team said this is correct. I bought the one size smaller and after a few hours there was quite a bit of pain from the shoes.
They now say they cannot refund or exchange the shoes as they have been worn. I feel that the shoes are not fit for purpose as on their advice I bought a smaller pair and now they are too tight. is it worth escalating this?
I bought sneakers and wore them first day second day when I wore them I realised they have factory fault, I took them back to the shop and they said they will check them for
After 3 weeks I got a feedback saying There is no manufacturing fault found.
I called them and explain where the fault and they said there is nothing they can do.
Please help
Hi I bought a pair of kickers from sports direct at the end of August for my son starting school and they are worn out, my son is small for his age but these shoes look like he’s worn them for years they are completely done in and also letting water in, so I have any rights as to getting a refund or an exchange, I expected a brand like kickers to be good quality but they’re not.
Good day
I recently bought a pair of sneakers from edgars and i wore them once during the day my feet were painful and they were too hard i was at work I couldn’t take them off. so i only wore them once and now I want to return them for a bigger size, will it be possible?
I brought some running trainers, I have worn them twice and on both occasions developed pains in my legs. I believe it to be the trainers as never had this problem before wearing them. What are my rights for exchanging them
It depends how you bought them – in a shop or online? When you say worn them? DO you mean to try on or actually go for a run?
Bought a pair of Nike shoes for walking and the soles are coming lose. The store only has a 6 month guarantee.
Hi Fay, how long have you had the shoes? Your statutory rights last longer than the guarantee 🙂
Hi I bought a coat 6 days ago only from primark for £30 but it has completely bobbled on the sides and looks like I’ve had it months and months. I have the receipt will I be entitled to a refund?
Bought trainers online, when I went out in them, they appeared to be not built properly, and they made you go over on your ankle, felt really unsafe. They said they would give a refund, but not give back the £5 postage, and I would have to pay the return p&p.
Hi Melanie, this is right. Postage does not need to be returned. You need to check the terms and conditions before purchase.
No completely true, if you buy online and return the whole order, the standard outbound postage has to be refunded along with the cost of the item. This is part of distance selling legislation. However the return postage isn’t covered but if you paid by PayPal then their “returns on us” policy will cover it.
I bought a pair of shoes from Office they didn’t fit so I sent them back. They said they have not received them and will not give me a refund? I don’t have a tracking number for the return