Refused a refund from online seller

nja1986

Hi, I could really use your advice. I bought a dress from an online retailer, it arrived with a hole in and the measurements were not as described. The company are refusing to give me a refund as the item is supposedly made to order. I have been offered a repair for the hole at my expense of sending the item back however I'd prefer a refund as the dress is the wrong size. Am I entitled to a refund or is a repair all I can get? I received the item 2 calendar days ago. Many thanks

Fosterdog

Under UK law yes you are entitled to a refund, but where was the dress bought from? A lot of sites selling clothes made to measure are based in China and not covered by UK law.

nja1986

It's a UK website, the return address is London. So it doesn't matter that the dress was made to order? This is the reason they are saying they will not refund me

pinkshoes

How did you pay?

browneyedbazzi

If you wanted to return the item using cancellation rights for distance contracts then it would matter that the item was made to order..as you are returning (rejecting) the item because it is faulty it doesn't matter. Tell the retailer that you are rejecting the goods in line with your rights under the Sale of Goods Act. You are entitled to a full refund.

bod1467

http://sogahub.tradingstandards.gov.uk/sogaexplained

JethroUK

Presumably the responsibility for "the hole" is being deputed, in which case only court will decide

You dont say much about "the size" other than it being wrong - is it wrong because they sent the wrong size or because you ordered the wrong size?

Distance selling regs should cover you in either case of size but they may dispute the hole

nja1986

I paid by debit card. The size options were small, medium or large and they have told you the measurements of each option so you can get the right size. The size I ordered was not within the stated measurements it was as if they sent an XS and sewn an M label in.