Besides food, buying clothes and shoes is one of the most common purchases consumers make.
There are many good reasons for spending money on clothes, and when we shop, we are usually eager to find bargains or await the coming of a new season, which makes us feel we have nothing to wear.
Sometimes, even though we would have shopped around and tried on the clothes we bought, we may change our mind and decide to return them to the seller. Or we may find that the items are damaged.
What are our legal rights in these situations? What precautions can we take to avoid future problems?
When we simply change our mind about a purchase we make or realise we made a wrong buying decision, we do not have a legal right to claim redress. In such a case, it is the shop’s return policies that apply.
Even though most sellers do not accept to give us a refund, most will agree to exchange the unwanted item or are ready to issue a credit note.
It is important to check the shop’s return policy before concluding a sale. There may be a time limit as to by when an unwanted item can be returned. Some sellers may only allow exchange of goods for another item in the store and may not be willing to issue a credit note or a refund.
When we make a wrong buying decision we do not have a legal right to claim redress. It is the shop’s return policies that apply
Usually, for an exchange, we will be requested to present the receipt as proof of purchase. Some shops will not accept returns if the goods have been opened or the packaging damaged. There may be conditions that specify that any returns should be in their original packaging.
Furthermore, certain types of goods may not be returnable, such as underwear. We should double check this at the time of purchase.
These return policies may be verbally explained to us at the cash point but they are also often printed on the back of the receipt.
If we are buying an item of clothing or a pair of shoes for someone or as a gift, we should ask for a gift receipt. This enables the receiver of the gift to return the item without knowing the amount that we paid for the gift.
However, a gift receipt does not usually allow the receiver of the gift to exchange the gift for a cash refund, but normally only allows exchange within a specified time.
Another possible situation where we may have to return items of clothing is because they are faulty. Since the law stipulates that the goods purchased must be fit for the purpose for which they are bought and must match any description given during the sale, when the goods are defective or are not in conformity with the contract of sale, we are entitled to a remedy.
If, for instance, a coat is described as being made out of 100 per cent wool, it should be so.
The remedies we are legally entitled to are repair or replacement. When neither is possible or may cause consumers a significant inconvenience, we may claim part or full refund. When these legal remedies apply, no company policy can diminish or take away our legal rights.
Furthermore, these rights are also applicable when goods are bought at a reduced price, such as during the sales period. We only lose our right to complain and claim redress if the fault was pointed out to us when we bought the item.
When our legal rights apply but we do not manage to obtain an acceptable solution from the seller, we may seek help by filing a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.