Dress marked wrong size - no refund?

rrankin546

cymruchris said:

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 😂)

no, I know there are differences in UK and US sizes. it states UK Size 10 on the store label, and a UK size 8 on the label attached to the dress. I am not trying to pull the wool over anyone eyes! The dress does not fit (but that is not even relevant to the issue).

TELLIT01

My wife is always complaining about the differing sizes from different shops, and even differing sizes from the same shop.  As there doesn't seem to be any actual regulation defining what constitutes size 8, 10 etc the retailer is probably correct to say it isn't faulty.  Was there an option to try the item on in the store?

rrankin546

i shall contact them via email as it states Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

cymruchris

rrankin546 said:

cymruchris said:

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 😂)

no, I know there are differences in UK and US sizes. it states UK Size 10 on the store label, and a UK size 8 on the label attached to the dress. I am not trying to pull the wool over anyone eyes! The dress does not fit (but that is not even relevant to the issue).

I know you’re not… just one of those double meaning phrases 😃 if it’s marked as Uk8 that rules out international sizing, and if you’ve now tried it on and it doesn’t fit - I’d certainly be pressing ahead as per my previous post further up the thread…. Yes it’s not faulty but it certainly isn’t as described, so I’m confident someone should see sense at the retailer before you decide to take it further through court action. (Which you can) 

Manxman_in_exile

If the dress is in fact a different size from the store attached label, and the consumer based their decision to purchase on that store attached label, then the goods do not conform to contract, and therefore the consumer is entitled to the same remedies as if the dress was faulty, aren't they?

ie short term right to reject for a refund within 30 days.  If after 30 days but before 6 months and if the store can't replace, then a refund.

Does it matter whether it's not as described or faulty?

@rrankin546 - you may need to quote Consumer Rights Act 2015 (legislation.gov.uk) to them.  s11 deals with goods having to be as described, short term right to reject in s20.

cymruchris

rrankin546 said:

i shall contact them via email as it states Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

Do come back and let us know how you get on… 

DullGreyGuy

Manxman_in_exile said:

If the dress is in fact a different size from the store attached label, and the consumer based their decision to purchase on that store attached label, then the goods do not conform to contract, and therefore the consumer is entitled to the same remedies as if the dress was faulty, aren't they?

ie short term right to reject for a refund within 30 days.  If after 30 days but before 6 months and if the store can't replace, then a refund.

Does it matter whether it's not as described or faulty?

@rrankin546 - you may need to quote Consumer Rights Act 2015 (legislation.gov.uk) to them.  s11 deals with goods having to be as described, short term right to reject in s20.

I actually think its an interesting one as the items were actually described as two different things, though one more dominantly than the other. 

From a certain point of view though the OP has bought from a store that has a general no return policy and hasnt tried the item on in store and therefore was always at risk of the item not fitting nicely and being stuck with it. As has been mentioned, the size 8 could be a US8 which would be a UK10 which is what the swing tag says and is what the OP wanted to buy. It would appear that they are a "designer" outlet and so the garment could be from overseas with a non-UK label from the manufacturer.

Hopefully the OP can get the outcome they want but it does reiterate the need to be clear on return policies before making in store purchases and especially for clothes where "size X" doesnt have a universal meaning 

the_lunatic_is_in_my_head

I would assume the description on the labels forms part of the contract and where there is ambiguity in the terms it favours the party that didn't write them thus it favours OP to go by the tag as they then have the right to reject. 

Whenever the consumer rights view it's very poor service indeed not to refund.  

rrankin546

Update: just got an email from customer services saying that as it was not bought online, I have to contact the store for resolution. Any idea how to take this further?

"Dear Sir/Madam,

Thank you for getting in touch regarding your item.

Unfortunately we unable to assist you with an order that purchase from store. You may refer to store for any issue regarding your item.

born_again

rrankin546 said:

Update: just got an email from customer services saying that as it was not bought online, I have to contact the store for resolution. Any idea how to take this further?

"Dear Sir/Madam,

Thank you for getting in touch regarding your item.

Unfortunately we unable to assist you with an order that purchase from store. You may refer to store for any issue regarding your item.

Follow their advice. 
Store may simply replace item with correct size 👍