Item bought from EU but wrong sizing information on website?

Treadway1

Afternoon all,

Just wondering if anyone's clued up regards return rights for items bought from an EU website and sent to the UK?

I recently bought a cycling jacket from a company based in Spain and chose the size based on the sizing chart on their website. However, having just received it, it is much smaller than the described size, to the point where the zip won't even meet in the middle!

I have emailed the company to ask for an exchange and they are stating that I would need to pay for return postage costs and import fees associated with sending it to Spain. Sadly I only check Trustpilot now and have seen a large number of similar complaints!

In any case, I think I'm right in saying that the Consumer Contract Regulations state that the seller is liable for items 'not as described' (happy to be corrected on this if wrong) but what is the situation with EU retailers? Do I really have to pay return postage and customs fees for an item that is grossly mis-sized on their website?

Any advice appreciated

TIA

Sandtree

You need to check the website but as you bought from Spain it almost certainly will be covered by Spanish Law not UK. That said, due to our EU history there are a fair amount of similarities.

The problem with sizing is that its not standardised... a "M" jacket from one company can be very different from an M from another (even within the same brand sizing can vary). So simply the fact it doesnt fit doesnt automatically mean its not as described.

What is actually on their website? Some companies are more helpful and actually give the measurements of the garment in cm/inch and so its then easy to double check if its what they stated with a tape measure... if it just said a Spain "40" is a UK dress size "12" then you've little to go on because both are not exact sizes.

On the plus side, when you fill in the customs declaration tick the returns box and there shouldnt be import fees for them to pay and recover.

Alderbank

https://www.barcelona-metropolitan.com/living/how-do-spanish-clothing-sizes-work/

For women’s clothing, add 28 to the UK size to generate the Spanish size (32 to US sizes). So, a UK size 12 (US 8) becomes a Spanish size 40, while a UK size 8 (US 4) becomes a Spanish size 36.

Men add 10 to the UK suit size, so that a UK size 38 becomes a Spanish 48 and so on

Treadway1

Sandtree said:

You need to check the website but as you bought from Spain it almost certainly will be covered by Spanish Law not UK. That said, due to our EU history there are a fair amount of similarities.

The problem with sizing is that its not standardised... a "M" jacket from one company can be very different from an M from another (even within the same brand sizing can vary). So simply the fact it doesnt fit doesnt automatically mean its not as described.

What is actually on their website? Some companies are more helpful and actually give the measurements of the garment in cm/inch and so its then easy to double check if its what they stated with a tape measure... if it just said a Spain "40" is a UK dress size "12" then you've little to go on because both are not exact sizes.

On the plus side, when you fill in the customs declaration tick the returns box and there shouldnt be import fees for them to pay and recover.

Thanks Sandtree, as you suggest the website states Spanish Law is used.

Regards the sizing, the chart on their site states that a Medium is 106cm (41.7in) chest, which is my size but as I say, it is nowhere near that size.

I'm probably on a hiding to nothing in any case and will likely just have to accept the loss but would that make any difference, the fact that they actually state an exact size?

bris

It may be as described but that's not the real issue. It's will be much harder to really do anything about it now unless you want to go to Spain.

The good news is cycling is very much in just now so I wouldn't see a problem getting most of your money back by selling it.

Good cycling gear will be easy to shift.

Manxman_in_exile

Treadway1 said:

Sandtree said:

You need to check the website but as you bought from Spain it almost certainly will be covered by Spanish Law not UK. That said, due to our EU history there are a fair amount of similarities.

The problem with sizing is that its not standardised... a "M" jacket from one company can be very different from an M from another (even within the same brand sizing can vary). So simply the fact it doesnt fit doesnt automatically mean its not as described.

What is actually on their website? Some companies are more helpful and actually give the measurements of the garment in cm/inch and so its then easy to double check if its what they stated with a tape measure... if it just said a Spain "40" is a UK dress size "12" then you've little to go on because both are not exact sizes.

On the plus side, when you fill in the customs declaration tick the returns box and there shouldnt be import fees for them to pay and recover.

Thanks Sandtree, as you suggest the website states Spanish Law is used.

Regards the sizing, the chart on their site states that a Medium is 106cm (41.7in) chest, which is my size but as I say, it is nowhere near that size.

I'm probably on a hiding to nothing in any case and will likely just have to accept the loss but would that make any difference, the fact that they actually state an exact size?

Do you buy much cycle clothing?  My experience is that sizing even from British outlets is not necessarily reliable and almost always comes up smaller than expected.  European sizing is even smaller.

Despite what their site might say, I don't think your 42" chest would ever fit in their Spanish medium - you'd be looking at large or even XL.  (Is a 42" chest even a UK medium?  I'd guess that was a UK large...  but may be wrong)

Have you got a link to the jacket?

Manxman_in_exile

Treadway1 said:

Sandtree said:

You need to check the website but as you bought from Spain it almost certainly will be covered by Spanish Law not UK. That said, due to our EU history there are a fair amount of similarities.

The problem with sizing is that its not standardised... a "M" jacket from one company can be very different from an M from another (even within the same brand sizing can vary). So simply the fact it doesnt fit doesnt automatically mean its not as described.

What is actually on their website? Some companies are more helpful and actually give the measurements of the garment in cm/inch and so its then easy to double check if its what they stated with a tape measure... if it just said a Spain "40" is a UK dress size "12" then you've little to go on because both are not exact sizes.

On the plus side, when you fill in the customs declaration tick the returns box and there shouldnt be import fees for them to pay and recover.

...
I'm probably on a hiding to nothing in any case and will likely just have to accept the loss but would that make any difference, the fact that they actually state an exact size?

It might make a difference if you had easy access to a Spanish court and could attend the case and demonstrate to the judge (or whatever) what size your chest is and that the jacket is way too small.  But I think you're on a hiding to nothing...

Your best bet is to go back to the seller and point out (step by step if necessary) that their sizing conversion is hopelssly wrong if they want to sell in the UK market and that they should correct it.  Suggest a goodwill gesture on their part for you assisting them in the UK market... ?  Nothing to lose.

What is the jacket/retailer again?  I'm curious to look at it.

(NB - Nothing personal, but as jackets zip up from the bottom rather than the top, I'm assuming your 42" chest doesn't accompany a +50" waist or similar!)

cx6

Purely from experience, a 42 inch chest on a man would be an XL for a nice loose fit, an L if you wanted it tight and fitted.

M is more like a 38 inch chest

MalMonroe

Surely cycling jackets can be purchased in the UK? Or is that just me? It could be, as I don't do any cycling and the thought terrifies me. I think it is because I watch too many episodes of '24 hours in A&E' wherein the accidents suffered by cyclists are usually horrendous, occasioning very long recovery periods. 

Sandtree

Treadway1 said:

Sandtree said:

You need to check the website but as you bought from Spain it almost certainly will be covered by Spanish Law not UK. That said, due to our EU history there are a fair amount of similarities.

The problem with sizing is that its not standardised... a "M" jacket from one company can be very different from an M from another (even within the same brand sizing can vary). So simply the fact it doesnt fit doesnt automatically mean its not as described.

What is actually on their website? Some companies are more helpful and actually give the measurements of the garment in cm/inch and so its then easy to double check if its what they stated with a tape measure... if it just said a Spain "40" is a UK dress size "12" then you've little to go on because both are not exact sizes.

On the plus side, when you fill in the customs declaration tick the returns box and there shouldnt be import fees for them to pay and recover.

Thanks Sandtree, as you suggest the website states Spanish Law is used.

Regards the sizing, the chart on their site states that a Medium is 106cm (41.7in) chest, which is my size but as I say, it is nowhere near that size.

I'm probably on a hiding to nothing in any case and will likely just have to accept the loss but would that make any difference, the fact that they actually state an exact size?

Well get a tape measure out and measure it then... if its 106cm then its what they promised, if its materially less than that then its not as described. If its 105.5cm then likely to be within acceptable tolerances etc.

Whilst you are at it probably measure some of your clothes that do fit for future reference... UK is often generous in its sizing compared to Europe.