Handmade Jumper returned as ill fitting

Sookie65

I returned a handmade jumper as when it arrived it was far too short, even though I had been measured for it. I agreed with the lady who made it that I could return it as it didn't fit. That was two weeks ago. I chased her up today asking where my refund was and she states that she had sent me an email to discuss ( which I have not received) as, and I quote from her text, "there are white marks??? on the ribbing front and back it looks like deodorant but until i know what they are I don't want to wash it and can get them out. i can't offer a full refund as it's soiled. it's not in the same condition as I sent it to you. I am happy to refund as you said it was short. I can sell it on but not with marks on it."

Am I entitled to a full refund? I obviously had to try it on, the marks will be deodorant, which will easily come off! I didn't even notice them when I repacked it or I would have dabbed them off myself!
Thank you for your help and advice

mo786uk

If the item is not satisfactory quality or fit for purpose because it was made incorrectly then it is irrelevant whether it is in resaleable condition.

You just needed to be able to inspect it and it is reasonable to try it on - as logn as you havent left it filthy i spose.

arcon5

It's not reasonable to soil the goods in the process of inspecting them, you have a duty of care. If she cannot get the marks out then I think it's reasonable to reduce the refund amount.

ILW

It appears it was tried on without underwear.

jacques_chirac

ILW wrote: »

It appears it was tried on without underwear.

That would be some pretty big underwear to cover your armpits!

I agree with arcon5, it is not reasonable to return an item with marks, and this should be reflected in the refund. That said I would expect the reduction to be minimal, it should be very easy to remove deodorant marks.

ILW

jacques_chirac wrote: »

That would be some pretty big underwear to cover your armpits!

I agree with arcon5, it is not reasonable to return an item with marks, and this should be reflected in the refund. That said I would expect the reduction to be minimal, it should be very easy to remove deodorant marks.

If I was trying on a jumper, I would wear something like a T shirt.
Would you like to buy something with someones armpit excretions smeared over it?

jacques_chirac

ILW wrote: »

If I was trying on a jumper, I would wear something like a T shirt.
Would you like to buy something with someones armpit excretions smeared over it?

Some jumpers are not designed to be worn with something underneath, in the same way that a dress or blouse would not be. You would not put on a t shirt to try them on (and I cannot think of any shop that asks that you do).

Sookie65

Thank you. I did wear underwear! And it is a slim knit jumper, so no, I could not and would not have worn a t-shirt, and don't know of anyone who would have. I work in retail and we would not insist on people doing that either. As far as I can ascertain, under the sales of goods act, it is not fit for purpose, as it did not fit. I tried it on and got some deodorant marks on it, which I didn't even notice or I would have dabbed them off to be honest. I suggest those of you who don't want "excretions" on your clothing don't ever buy any clothes from a store, ever again in case someone has touched the clothing before you! I suppose what I wanted to know was, what I do if she insists on not refunding my money? Thanks again.

paddyrg

Measured for jumper then hand knitted, so DSR's out of the equation. As for SoGA you have a duty of care - I presume your retail shop has rules about not refunding underwear for instance, other people's sweat, deodorant and perfumes are icky and devalue the product.

Anyway, back to the question, she can also offer a replacement or repair, I presume either of those outcomes would be equally acceptable if the return is because it is a bit short on you?

malchish

Duty of care does not mean that a consumer who left deodorant breached this duty of care. The item is not fit for purpose.Full refund is due. Let the lady who cannot knit properly wash the jumper herself.
The customer put on the jumper with intention to wear. Most deodorants leave marks straight away - those marks are easy to wash out. There is nothing careless about those marks.
he knitting lady may wish to sue the manufacturer of the deodorant though, lol.
OP, please do not be discouraged. You are owed full refund.

fluffnutter

Its being in a saleable condition is neither here nor there if returning under the SOGA. If you buy a hoover, use it a few times and get a scratch on the side then it explodes, you're perfectly entitled to a remedy as goods are not of satisfactory quality. They can't say 'sorry, it's got a scratch on it, we're not fixing/replacing/refunding'.

Point out her obligations under the SOGA and perhaps mention you're perfectly happy to pursue her through the small claims court.