Clothes are undoubtedly one of the most common type of purchases we make. Consequently, there is a high possibility that sooner or later we may encounter some kind of problems with the items of clothing purchased.
When faced with the need to return unwanted or damaged clothes, it is in our best interest to know how the law protects us.
Just like any other product we purchase, when we buy clothes these must be of satisfactory quality, fit for purpose and as described. This is also the case if the clothes are purchased at a reduced price.
For example, if a rain jacket is described as being waterproof, it should be exactly that. When this is not the case, the law gives us the right to claim a free remedy.
Faulty or damaged items must be, in the first instance, repaired or replaced. Part or full refund may be claimed when the defective clothes can neither be repaired nor replaced. Therefore, if we happen to purchase defective or damaged clothes, consumer law protects us by providing us with a free remedy.
Legal remedies can be claimed within the time limit of two years from the date of purchase. Sellers may ask us to provide proof of purchase before granting the requested remedy. Ideally, we present the fiscal receipt, but when this is no longer available, even a bank or credit card statement should be enough. Proof of purchase is particularly important when the damaged item was bought recently and we want to show that the damage was not caused by continued use or wear and tear. This is especially so with clothing and footwear.
It is always the responsibility of the seller to provide us with the legal remedies, and this responsibility cannot be brushed off by notices stating that goods are not returnable or that cash refunds cannot be given. All this also applies to items sold during sales.
However, very often we need to return clothes because we realise that we made a wrong buying decision. If we find ourselves in such situations, we are not entitled to a legal remedy but we must rely on the shops’ return policies.
Hence, before buying clothes we should make sure that we are well informed about the shop’s return policies. If we want the possibility to exchange the purchased goods, we should ask if this is possible before we conclude the sale. When we are assured that we can return the clothes if we change our mind, we must also gather information on the terms and conditions of these return policies. Usually these conditions include keeping the fiscal receipt and the original tags and packaging.
Normally there is also a time-limit by when unwanted goods may be returned or exchanged.
Another responsibility we consumers have is that of carefully checking the clothes for any apparent defects. Ideally, this is done while we are still in the shop and before the purchase is finalised.
If we happen to purchase defective or damaged clothes, our first responsibility is not to waste any time and complain with the seller immediately. Most of the time, speaking to the seller is enough to solve the problem.
However, when we realise that an informal complaint may not be enough, then it will be necessary to put our complaint in writing. If our request for redress is rejected by the seller or we do not agree on the solution offered to us, our next step is to contact the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority and lodge a complaint.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.