Sale item doesn't measure up as stated size - any rights?

Kirri

I bought an item online from a reputable shop/online seller advertised as a size 10 but it has come up really small, ie the bust is only measuring about 29". I know they state no refunds on sale items but if it doesn't measure up as a size 10 have I got any rights on this?

(have emailed the company but just wondering in the meantime).

dmg24

What are you comparing it to? There is no official definition of what a size 10 is, it is down to the retailer to decide what they deem to be a size 10.

When did you order the item? If recently you could return it under the DSR.

woody01

Just squeeze 'em in love

Kirri

dmg24 wrote: »

What are you comparing it to? There is no official definition of what a size 10 is, it is down to the retailer to decide what they deem to be a size 10.

When did you order the item? If recently you could return it under the DSR.

Their website states a size 10 as 32" so that would have been fine (though smaller than other stores).
It only arrived today.

Kirri

woody01 wrote: »

Just squeeze 'em in love

I did try but it wasn't going to happen!

derrick

Kirri wrote: »

I know they state no refunds on sale items

This is illegal and needs reporting to Trading Standards. From WHICH?;-
"A retailer cannot try to limit your rights in sales, for example cannot say ‘no returns on sale items’. If retailer tries to do this they are committing an offence, and could be prosecuted by trading standards officers."

From Birmingham TS;-
"WHAT STATEMENTS ARE PROHIBITED?
Any statement which would cause a reasonable person to conclude that he would not be able to pursue a justified claim against a retailer would be prohibited and therefore illegal. Examples of statements which the courts have deemed illegal are as follows:

a) 'No Cash Refunds'
b) 'No Sale Goods Exchanged or Money Refunded'
c) 'Sold as Seen and Inspected'
d) 'Please Examine Your Goods with Care Because our Liability Ends Once they Leave the Premises'
e) 'No Refunds or Exchanges Without a Receipt'"


If the item is wrong then under SoGA you have the right to return and receive ALL cost, inc P&P back.

You can also return for no reason under DSR, (within 7 WORKING days), and as the item is not "as described" then ALL monies paid will be refunded.

Kirri

Thanks Derrick, very useful info. Will bear this and the DSR in mind when they reply to me.

Any idea if I have to wait for them to contact me re my complaint before I return the item? ie should I just go ahead and get it in the post to make sure it arrives within 7 working days, in case they don't respond to my complain in that timeframe?

derrick

Kirri wrote: »

Thanks Derrick, very useful info. Will bear this and the DSR in mind when they reply to me.

Any idea if I have to wait for them to contact me re my complaint before I return the item? ie should I just go ahead and get it in the post to make sure it arrives within 7 working days, in case they don't respond to my complain in that timeframe?

You need to inform them within 7 WORKING days, beginning with the day following receipt of goods,(under DSR), it does not have to arrive back with them in 7 WORKING days, and as you say it only arrived on the 24th, your 7 WORKING days do not start until Tuesday 29th, ending Thursday 7th January.

You need to inform them in writing, (not by phone!), this can be by e-mail, which will serve as your proof of delivery.

Do NOT send back without their request/returns number.


DSR link;-
"From page 20 ; -

"What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone. "




.

derrick

See also; - Statutory Instrument 2000 No. 2334

Right to cancel
10
(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer -

• (a) leaves it at the address last known to the consumer and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left);
  
  (b) sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);
  
  (c) sends it by facsimile to the business facsimile number last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or
  
  (d) sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent).

Kirri

Excellent, thanks for this!
I emailed them straight away so will just wait for them to reply then.

derrick

Kirri wrote: »

Excellent, thanks for this!
I emailed them straight away so will just wait for them to reply then.

As it is Christmas hols, I would chase them next week,(or the week after if they don't open until the new year), to make sure they are aware and have received your e-mail. Good luck.