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returning a shirt to debenhams

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  • 22-07-2008 12:26am
    #1
    Registered Users Posts: 4,034 ✭✭✭


    i bought a shirt in debenhams for an interview a few days ago, measured me for my size in there and picked out the one i wanted.

    i asked could i try it on first to make sure it fitted right, and was told no i wasnt allowed

    now that i have tried it on the shirt is too big for me, do i have any rights in returning the shirt now to the store?

    surely they cant not let me return this item? do i have any legal standpoint if i go back and ask to return it only to be told i cant...?

    cheers


Comments

  • Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    No, they don't have to refund you. It's not faulty. But you have a good chance with tags and good attitude. Shouting about the Sale of Goods Act is unlikely to get you anywhere. Alternatively, an exchange would definitely be allowed, although, if you don't know what size it is you want..


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    BArra wrote: »
    i bought a shirt in debenhams for an interview a few days ago, measured me for my size in there and picked out the one i wanted.

    i asked could i try it on first to make sure it fitted right, and was told no i wasnt allowed

    now that i have tried it on the shirt is too big for me, do i have any rights in returning the shirt now to the store?

    surely they cant not let me return this item? do i have any legal standpoint if i go back and ask to return it only to be told i cant...?

    cheers
    You can't return an item just because it's not suitable.

    If they measured you though and said it would fit you then you might have a case .. but "too big" to one person might be just the right fit to another.


  • Registered Users Posts: 2,538 ✭✭✭sunny2004


    I am a bit lost here why people are telling you that you cant return it.
    My other half is forever returning clothes that dont fit, and all the shops replace them..
    Maybe its the difference between the law and good practice, who knows..

    Just return it and tell them it does not fit.....


  • Moderators, Music Moderators Posts: 25,868 Mod ✭✭✭✭Doctor DooM


    sunny2004 wrote: »
    I am a bit lost here why people are telling you that you cant return it.
    My other half is forever returning clothes that dont fit, and all the shops replace them..
    Maybe its the difference between the law and good practice, who knows..

    Just return it and tell them it does not fit.....

    Thats exactly what it is.

    It's important not to go shouting the odds in cases like this because the shop is doing a favour, they're within their rights to say no.

    Having said that, if a shop refused to exchange a shirt because it was the wrong size and it had its packaging and a recipept and tags, I would certainly never shop there again and name and shame to all my friends.

    I doubt the OP will have any trouble exchanging tbh.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    They're very sound. Just go and returnit. There's no prblem with them usually. They have lots of returns every day. It's no big deal!


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  • Registered Users Posts: 5,517 ✭✭✭axer


    BArra wrote: »
    i bought a shirt in debenhams for an interview a few days ago, measured me for my size in there and picked out the one i wanted.

    i asked could i try it on first to make sure it fitted right, and was told no i wasnt allowed

    now that i have tried it on the shirt is too big for me, do i have any rights in returning the shirt now to the store?

    surely they cant not let me return this item? do i have any legal standpoint if i go back and ask to return it only to be told i cant...?

    cheers
    I believe you are actually covered by law if they measured you.

    I believe it falls under this:
    14.(4) where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgement.
    Thus if you relied on them to give the size to pick and it doesn't fit you because the size was wrong then you can get a refund.

    Either way I don't think it really matters since debenhams will most likely replace (or even refund) without question. So don't go in quoting the law first. Be reasonable.


  • Closed Accounts Posts: 2,706 ✭✭✭craichoe


    God i'm sick to death of people quoting:
    Sale of Goods and Supply of Services Act 1980

    90% of the time, the person hasn't even called the place yet to try and rectify the issue.

    Rather than rave on about it on boards.ie why not see what the retailer will do first ?


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    craichoe wrote: »
    God i'm sick to death of people quoting:



    90% of the time, the person hasn't even called the place yet to try and rectify the issue.

    Rather than rave on about it on boards.ie why not see what the retailer will do first ?
    +1
    Here, here! There's an awful lot of people, on various threads here, being advised about the law when in 90% of cases a reasoned pleasent enquiry to the supplier will sort the problem. Storms in Tea Cups and Mountains out of Molehills...


  • Registered Users Posts: 5,517 ✭✭✭axer


    craichoe wrote: »
    God i'm sick to death of people quoting:



    90% of the time, the person hasn't even called the place yet to try and rectify the issue.

    Rather than rave on about it on boards.ie why not see what the retailer will do first ?
    The guy asked for his legal position. I gave it. People should know their rights before they contact a business since if things do not go right whilst trying to get it resolved then they can assert their rights.

    Knowing you rights is extremely important.

    I would expect that in a consumer forum the consumer laws would be quoted quite often since they are the most important pieces of texts for a consumer when looking for their rights.


  • Registered Users Posts: 5,420 ✭✭✭Lollipops23


    i'm pretty sure that they are obliged to provide a facility for trying on clothes. Many shops that do not want people ripping all the packaging(understandable) will provide dummy shirts in each size to allow people to choose the correct size.

    The fact that they failed to provide you with this facility may mean you have a case. HOWEVER-check that they are not willing to offer a "good will" refund before you go nuts!


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  • Registered Users Posts: 3,074 ✭✭✭Shelflife


    +1
    Here, here! There's an awful lot of people, on various threads here, being advised about the law when in 90% of cases a reasoned pleasent enquiry to the supplier will sort the problem. Storms in Tea Cups and Mountains out of Molehills...

    most retailers are reasonable and fair to deal with, in most cases a polite and reasonable inquiry will usually result in your problems being taken care of.


  • Registered Users Posts: 17,300 ✭✭✭✭razorblunt


    I've eh come across this problem many times before ;)

    You could have been measured had you asked before hand. Anyways irregardless are you normally that neck size? If you are then you can argue its labelled incorrectly. Also on tills in situation like this the customer is supposed to be informed when purchasing about the return procedures.

    Try folding it back properly into the packet and see what happens.

    Or try different store maybe.

    Edited> sorry I see now you were measured, they should take it back as goodwill if you explain that you were measured. P.M. me if you want.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Just take it back in it's original packaging with tags intact, and with the receipt. Debenhams are a large department store and have a very favourable exchange policy. I wouldn't even bother to mention that you had been measured, unless there is some difficulty with the exchange.


  • Registered Users Posts: 4,852 ✭✭✭ncmc


    Debenhams are great at taking back items EXCEPT when it is a shirt that is boxed or packaged in plastic. They don't take these back and they normally tell you so when you purchase it. I would return, ask to speak to a manager and explain the situation. The fact that you were measured and then the shirt didn't fit, I would be suprised if they didn't at least offer you store credit. They are one of the best retailers to deal with if you have a customer care issue, i'm sure they will look after you.


  • Closed Accounts Posts: 2,706 ✭✭✭craichoe


    axer wrote: »
    The guy asked for his legal position. I gave it. People should know their rights before they contact a business since if things do not go right whilst trying to get it resolved then they can assert their rights.

    Knowing you rights is extremely important.

    I would expect that in a consumer forum the consumer laws would be quoted quite often since they are the most important pieces of texts for a consumer when looking for their rights.

    Yes but i don't call around to my neighbours house stating the Road Traffic Act because one of the headlights on his car is blown. I'd just say, mate .. your headlights blown.

    After being on boths sides of the fence it REALLY is annoying when the person starts the conversation with "Under the Goods and Services act of"

    How about treating the people like human beings, if you make a robotic request expect a robotic response.


  • Registered Users Posts: 5,517 ✭✭✭axer


    craichoe wrote: »
    Yes but i don't call around to my neighbours house stating the Road Traffic Act because one of the headlights on his car is blown. I'd just say, mate .. your headlights blown.
    Bad analogy, your not the one to enforce that law. I'm sure the gardai would quote the law when dealing with the offender. Also you are not asserting your rights with that law either since it doesn't infer any rights on to you to demand your neightbour should get his/her headlight fix. Consumer law is a different situation.
    craichoe wrote: »
    After being on boths sides of the fence it REALLY is annoying when the person starts the conversation with "Under the Goods and Services act of"
    I always encourage people to try and sort out situations without involving the law (i.e. quoting it etc). You would see that if you read my post much earlier in the thread.
    axer wrote: »
    Either way I don't think it really matters since debenhams will most likely replace (or even refund) without question. So don't go in quoting the law first. Be reasonable.

    In this case the OP asked firstly has he/she any right to bring back the item since he/she could not try it on instore and since a member of staff measured him/her. He/she then asked is their a law to back this up just in case the shop does not allow him/her to return the item. I do not find anything wrong with this request from the OP nor does it imply that the OP is going to go into the shop spouting the law.

    A consumer should understand his/her rights under consumer law to cover during times when the business are not being reasonable (that does often since there are so many unreasonable people around on both sides of the counter).

    Too many people have heard stories of what is covered by the act without reading it themselves and end up demanding rights that have not been implied by the act. I think when someone gives advice on this forum saying they are covered by a consumer act then they should quote which part of the act gives this right.
    craichoe wrote: »
    How about treating the people like human beings, if you make a robotic request expect a robotic response.
    Not sure what you are talking about here.


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