New clothes - your consumer rights

Purchasing new clothes is undoubtedly one of the things a lot of women enjoy doing most. But how many times do we find ourselves with brand new garments that we are not really happy with? Even though we actually try on and check everything we buy, very often, when we go back home, we realise that we did not make the right choice. Or we may discover that the garment we just bought is shop-soiled. What are our legal rights in such situations?

As with any other products bought, clothing must be as described and fit for their purpose. When these conditions are not met, then consumers are entitled to compensation.

If the fault is only minor and can easily be repaired, it is reasonable to accept a repair. However, this should not stop us from claiming a replacement if the repair turns out to be unsatisfactory. Monetary compensation should be asked for where even replacement is not possible.

The above-mentioned rights do not apply if the item does not fit or if we simply changed our minds. In these situations, the possibility to exchange depends entirely on the shop's customer care policies. Fortunately, many shops are willing to do so, provided consumers meet their terms and conditions.

In the case of shop-soiled garments, if the defect was clearly visible at the time of purchase, then the law does not protect us. It is our consumer responsibility to look out for any apparent defects before leaving the shop.

Before complaining we must also be certain that the fault was not caused by misuse, an accident, normal wear and tear or by not following the care label.

A successful complaint needs to be backed up by proof of purchase and ideally this proof is the fiscal receipt. When the original receipt is not available, even a bank or credit card statement should be enough.

Upon discovering that the item bought is defective the first thing to do is to contact the shop owner and report the problem. Ideally, go personally to the shop and take the item, its packaging (if still available), and, obviously, the receipt.

The complaint should be addressed directly to the manager or shop owner, and we must clearly state what kind of compensation we are requesting. It is important to know what our rights are and not demand something we are not entitled to.

If the trader offers to do something, but not what we have asked for, we can either accept the offer or negotiate a better offer. If the trader makes a final offer we are not prepared to accept then we should refuse it and register a complaint with the Consumer and Competition Division for mediation. Should mediation result unsuccessful then we can opt to take our case to the Consumer Claims Tribunal.

Ms Vella is senior information officer, Consumer and Competition Division.