Dress marked wrong size - no refund?

rrankin546

Hi.

I bought a dress from Brandmax. On the store attached label, it says it is a size 10, however when I got it home, I realised that it was a size 8, marked on the washing label. I took it back to the store for a refund but they said it's not faulty so they can only give me store credit, but it was their mistake putting the wrong label on it.

Anyone know if I am entitled to a refund of not?

Aylesbury_Duck

You are  .

cymruchris

It is faulty - you bought a size 10 - they gave you a size 8. Unless they can prove it is a size 10 that was incorrectly labelled a size 8, then I'd say that on the balance of probabilities the label on the dress is most likely to be correct. (Did you try it on?)

rrankin546

No didn't try it on. But they are refusing to give a refund as it is not technically "faulty" by definition but more the fault of the store for labelling it incorrectly. Anyone know how to exercise my right if it am entitled to a refund?

cymruchris

With sizing being so contentious these days (I'm aware that a Size 10 can be very different across various retailers) - wouldn't it be prudent to at least try it on? Particularly as you have it at home?

Then if it fits nicely - I wouldn't worry any more - but if it's too tight - then you can use that in your argument for your refund. 

'I've bought several dresses from you over the years that were labelled size 10 and they fit perfectly - I've tried this one on and it's too tight - it's clearly a size 8 as per the dress label, and as you've incorrectly labelled it on the sticker as size 10 - I would either like the dress in a correct size 10 - or a refund. If you're not going to help me out in correcting your mistake, then I'll have no choice but to take the matter further, and will send a letter before action to your head office prior to moving towards a small claims court claim, and additionally you'll have lost a lifelong customer into the mix'.

That would be my approach in summary.

You could also put something similar to the above outlining your conversations with the store so far in writing to their customer services email:

https://help.brandmax.com/en/support/home

rrankin546

Thank you. Yes they didn't have the actual size I needed in stock and they couldn't order it in so there was no option to exchange.

Doesn't seem to be anything black and white in regards to my rights when this happens so will have to just see what customer service say. 

400ixl

Is it faulty, or is it mis described?

sheramber

It is not an America supply is it?  or made for the US?

A US size 8 is equivalent to a UK size 10.

rrankin546

400ixl said:

Is it faulty, or is it mis described?

The attached store label says one size, but the size on the dress says another (on the washing label) 

400ixl

rrankin546 said:

400ixl said:

Is it faulty, or is it mis described?

The attached store label says one size, but the size on the dress says another (on the washing label) 

Get that, but does that mean its faulty, or mis-described? If it is mis-described I believe you have other rights than faulty which may help as it isn't faulty as such.

cymruchris

sheramber said:

It is not an America supply is it?  or made for the US?

A US size 8 is equivalent to a UK size 10.

That’s a good point - it may in fact still be the right size - I’d still encourage the op to try it on. (And by that I mean place the garment on their body rather than trying to pull the wool over the retailers eyes 😂)