Faulty Frock
Question
Recently, I got a discount on a dress because it had a slight tear. At the time of purchase, the shop told me I would be unable to return it as I was aware that the item had a fault. I wore the dress once, washed it according to the label's instruction, only for the colours to wash out! I complained to the shop, but they said I had agreed it was unreturnable. Can they use this as an excuse to get out of compensation?
Answer
As the fault with the dress is not the one for which you received a discount, you would seem to be within your rights to return the item. You're not returning the item because of the initial fault, after all, but because of another, unrelated problem.
Despite this, the trader is within his rights to state he meant that the item could be non-returnable for any reason. Even so, if this is the case, this could be classed as an unfair term in the contract made between you and the retailer upon purchase. You may be able to use this as a way of challenging the shop's position.
The next 'step-up' would be to contact your local Trading Standards Office who will be able to confirm where you stand on this issue. If you are in a position to challenge the retailer, you can visit the Consumer Complaints website which will enable you to submit a complaint to Trading Standards.
If this fails to resolve the situation then you may wish to consider taking the case to the small claims court. Details of how to do this can be found on the Court Service website.
Updated: 15/04/2010
Question answered by CAB
