Horrible shopkeeper

arcon5

bearing in mind you have no statutory right to return goods if you purchased the wrong size, surely op should have checked the size to be correct at time of purchase?

the way I see it is op only has rights if when compared to an identical 30 they are different, and ofcourse the shop cannot prove it has been washed incorrectly and therefore shrunk.

unholyangel

timbstoke wrote: »

No, the person who supplies it is the supplier. The manufacturer is the supplier to the retailer. The retailer is the supplier to the consumer.

But the shop could be sourcing them from a third party, thus putting another supplier into the mix.

End of the day, sizes will vary, even in the same shop because rarely will a shop source ALL its clothes from ONE supplier/manufacturer. Sizes will even vary in manufacturing because of style/design, though not as much as they will manufacturer to manufacturer.

Further to the smaller size being the bigger size, rather than assuming the bigger size is "faulty", how do we know the smaller size isnt?

OP, what are the actual measurements of the dress? At shoulders, chest, waist and hips?

Auntie-Dolly

I think the real problem is that the dress has been worn & washed - would the buyer be deemed to have accepted the item because of this? If the dress had been tried on & proved to be too small then a return/exchange presumably would not have been a problem. Perhaps they could sell you a bigger one at cost? can you sell to too small one to another Mum?

kfmcasting

I have spoken with my mother who saw My Daughter in the morning as i was working and she was sleeping over. The dress is exactly as it was then, she did not want to worry me so let her go to school in the dress. There was no problem with the washing of this dress. This is simply a case of a dress labled incorrectly which i believe makes it faulty, the shopkeeper does not agree she is denying that incorrect labeling makes this faulty. My Daughter wrote in the label before she put this on, she fits into a 28 very easily but as she is tall i wanted to get her the next size up. She is in fact still a 28. I have managed to get a second hand 30 from the school and it swamps her. The school is a small independent so i don't know if they have to offer any other supplyer. I just want to be sure of the facts. I did not get what i paid for.
Kirsty

wealdroam

kfmcasting wrote: »

I have spoken with my mother who saw My Daughter in the morning as i was working and she was sleeping over. The dress is exactly as it was then, she did not want to worry me so let her go to school in the dress. There was no problem with the washing of this dress. This is simply a case of a dress labled incorrectly which i believe makes it faulty, the shopkeeper does not agree she is denying that incorrect labeling makes this faulty. My Daughter wrote in the label before she put this on, she fits into a 28 very easily but as she is tall i wanted to get her the next size up. She is in fact still a 28. I have managed to get a second hand 30 from the school and it swamps her. The school is a small independent so i don't know if they have to offer any other supplyer. I just want to be sure of the facts. I did not get what i paid for.
Kirsty

OP, just remember that you do not have to convince people on this forum, nor justify your actions here.

You only have to convince the retailer.
Not sure whether you mother's assertions will help though.

bod1467

As per my original reply, the item is NOT faulty. It is a dress that happens to be too small for your daughter.

What MAY apply is mis-labelling. As such it would be Not As Described - which is also a SOGA term and justification for receiving a suitable remedy from the retailer (refund or replacement - repair wouldn't apply in this case).

Flyboy152

arcon5 wrote: »

bearing in mind you have no statutory right to return goods if you purchased the wrong size, surely op should have checked the size to be correct at time of purchase?

the way I see it is op only has rights if when compared to an identical 30 they are different, and ofcourse the shop cannot prove it has been washed incorrectly and therefore shrunk.

Therefore, the way I see it, either the dress shrunk, ergo it was faulty, or it was mislabeled, thereby, not as described; either way the OP should be entitled to a remedy.

NCISROCKS

bb999 wrote: »

So are you saying that any clothes bought would be expected to shrink unless we are told different? You must live on a different planet to me.

Imagine if this were the same with everything we bought:
'Excuse me, this BMW I bought has turned into a Mini when I washed it'
'Sorry Sir, we didn't say it was non shrinkable' :rotfl:

Excellent someone who thinks clothes and cars are a legit comparison....next!

Cynical_Monkey

Regardless of what the law states, the retailer could go the "good customer service" route and take the hit knowing that they'll have a customer for at least the next 4 years giving them plenty of opportunity to cover the costs.

Independent retailers are generally quite frugal though so personally, I'd chalk this one down to experience and try to sell the dress that's too small to the school who obviously sell second hand clothes. If nothing else, it'll recoup some of the £25 you initially spent.

Hintza

kfmcasting wrote: »

The dress is exactly as it was then,

The dress was too small from day one and should have been returned at that point for exchange not after wearing, writing on it and washing it.

This really is not difficult.

As for shrinkage most of you are obviously far too young not to know the joys of Levi Jeans!