Rights on returning online goods

Sharongill3

I purchased a garment (bra) 5 days ago online.  The size description of the bra was XS/S S/M M/L I selected M/L, when the garment arrived I could clearly see that it was far to small for me, it was also un-labelled so did not indicate the size.  I am only a size 10 dress so not a big girl.  I sent an email to the company for a return but they wrote back and said that it was not their policy to return garments unless they were damaged or otherwise defective.  

Clearly the item is defective in that it is the wrong size for which it was sold as and is therefore not fit not purpose.  Meaning that the size was misrepresented to me which lead me to purchase the item that did not fit me and I would not have done if the item had been correctly labelled.  Can someone advise me on my rights. 

Many thanks 
sharon

soolin

Which website did you order from and are they in the UK? 

powerful_Rogue

Sharongill3 said:

I purchased a garment (bra) 5 days ago online.  The size description of the bra was XS/S S/M M/L I selected M/L, when the garment arrived I could clearly see that it was far to small for me, it was also un-labelled so did not indicate the size.  I am only a size 10 dress so not a big girl.  I sent an email to the company for a return but they wrote back and said that it was not their policy to return garments unless they were damaged or otherwise defective.  

Clearly the item is defective in that it is the wrong size for which it was sold as and is therefore not fit not purpose.  Meaning that the size was misrepresented to me which lead me to purchase the item that did not fit me and I would not have done if the item had been correctly labelled.  Can someone advise me on my rights. 

Many thanks 
sharon

As above, which website was this?

Sizes such as XS/S, S/M have no standard amongst retailers. A small in one shop could be a medium in another. As such, that would not be classed as a defect.

pbartlett

your rights are that you can return any item bought online from a uk retailer within 14 days for any reason

neilmcl

pbartlett said:

your rights are that you can return any item bought online from a uk retailer within 14 days for any reason

That really isn't correct as there are a number of exceptions to what you can return not to mention that it's 14 days to initiate the cancellation of the contract not that you have to return an item within this period.

pbartlett

neilmcl said:

pbartlett said:

your rights are that you can return any item bought online from a uk retailer within 14 days for any reason

That really isn't correct as there are a number of exceptions to what you can return not to mention that it's 14 days to initiate the cancellation of the contract not that you have to return an item within this period.

yes I was trying not to be pedantic but thanks

spo2

Is there any indication on the website as to what the measurements for a M/L are? If it is stated that it is (for example) 36 inches, yet when you measure it, it is much less, you could argue that it is not as described

neilmcl

pbartlett said:

neilmcl said:

pbartlett said:

your rights are that you can return any item bought online from a uk retailer within 14 days for any reason

That really isn't correct as there are a number of exceptions to what you can return not to mention that it's 14 days to initiate the cancellation of the contract not that you have to return an item within this period.

yes I was trying not to be pedantic but thanks

It may be pedantic to you but when you're giving out consumer rights advice on this page it's important to be accurate.

Sandtree

pbartlett said:

neilmcl said:

pbartlett said:

your rights are that you can return any item bought online from a uk retailer within 14 days for any reason

That really isn't correct as there are a number of exceptions to what you can return not to mention that it's 14 days to initiate the cancellation of the contract not that you have to return an item within this period.

yes I was trying not to be pedantic but thanks

Plus you would imagine the next bit is that the shop are going to say its an "intimate item" and hence excluded from change of mind returns. Being pedantic therefore would be useful.

Underwear used to be excluded from the DSR right of return, I am not sure if its as clear cut under the CCR. Arguing something is faulty or not as described for sizing is inevitably going to be difficult as there is no standard definition... a medium from a shop aimed at late teens/early 20s is going to be a very different size to those aimed at the middle aged.

pbartlett

yes you are both right i should have been more accurate - hopefully the op has the correct info now 

Sharongill3

Hiya, thank you all for your comments and help.  The retailer is a uk company, there was no indicator at all regarding the sizes just XS/S S/M M/L….nothing like 34, 36 etc.
I have not returned the garment was waiting for a reply from the company, if I have not heard from them by tomorrow I will return it back to them.
sharon