Entitled to full refund??

Rainbow83

just a quick question-i've forgotten my Junior Cert business Studies!! I purchased a dress on Friday to wear Saturday night. I cut the tags off on Saturday before putting on the dress and binned them. When I put on my dress to go out that night I discovered a hole in the side of the dress, big enough hole. I don't have the dress tags anymore but I have my reciept. Am I entitled to a full refund or will they insist on a credit note only whenI return the dress?

Thank you!!

Sleipnir

No, you're not entitled to a full refund as it's at the discretion of the retailer. You may be in a position to get a repair or replacement but as you've removed the tags they could easily think that you damaged it while wearing it.

dudara

There was a fault in the dress making it unsuitable for the purpose intended. Therefore you are entitled to a replacement, refund or repair.

It shouldn't matter in this case that you cut the tags from it, but it may make the shop less inclined to offer you a straight out refund.

Out of curiosity, did you try the dress on before buying (as you didn't notice the hole until later)?

Amalgam

The removal of the tags would void the buyer's right to a refund\replacement, no?

dudara, I admire your optimism.

jor el

Amalgam wrote: »

The removal of the tags would void the buyer's right to a refund\replacement, no?

Why? The dress is faulty (has a hole in it), so it's not going to be re-sold, and it's not a change of mind return. She's entitled to a refund, replacement or repair (though I'd doubt repair is a viable option in this case), as long as she has a proof of purchase, which she does.

Amalgam

Regardless of the hole, it is the buyer that removed the tags first, stated in this thread.

The removal of the tags would create sufficient doubt to minimise the chance of a refund\replacement.

I would, as a trader, refuse to take back stock under those conditions, why should they?

Rainbow83

I tried on the dress on Friday and it was fine, I think the hole is where the security tag was as I didnt notice it on Friday-tag was still on the dress when I tried it on.
I travelled home to Donegal on Friday and took the dress out of my bag on Saturday and cut the off with a scissors and left the tags and dress in a drawer. When I put on the dress just before leaving the house on Saturday night I saw the hole and then I had nothing to wear out that night-had to borrow a dress from a friend.
I still have the tags at home( forgot to bring them back to Dub with me yest )so I could get them posted up if needed.

Rainbow83

Sorry I wrote I binned the tags in first thread-my mistake im sure they are still in a drawer at home.Hopefully!!

Dublin_Gunner

Its your right as a consumer to demand a replacement / repair / refund (no doubt it would not be repair).

Regardless of the tags. The tags are not a part of the article of clothing which you bought.

The item [dress] is not suitable for the purpose for which is was sold, and it was sold as faulty. You are fully entitled to bring it back, regardless of tags.

However, if you do still have them, bring them, it certainly wont hurt having them.

Amalgam - I'd like to see your argument stick in the small claims court you would have sold a dress, not tags.

Nozebleed

If you have a problem with an item that you have bought it is always the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the costs of the item or service to the consumer.

If you are not satisfied with the quality of goods or services you can:

Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer)
Act as soon as you can – a delay can indicate that you have accepted faulty goods or services
Do not attempt to repair the item yourself or give it to anyone else to repair it
Make sure that you have a proof of purchase (a receipt, cheque stub, credit card statement or invoice)
You have no grounds for redress if

You were told about the defect before you bought the item (for example, if the goods were marked 'shopsoiled')
You examined the item before you bought it and should have seen the defect
You bought the item knowing that it wasn’t fit for what you wanted it to do
You broke or damaged the product
You made a mistake when buying the item (for example, if you bought an item of clothing thinking it was black when it is actually navy)
You change your mind

http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland

Dublin_Gunner

Nozebleed wrote: »

You examined the item before you bought it and should have seen the defect

That would never hold.

It is entirely up to the seller to ensure that the item is of merchantable quality.

Rainbow83

Thanks all for the replys, i just rang the store there and they said that's no problem to get a full refund even without the tags, the lady who answered was very pleasant and helpful. I'm going to head up at lunchtime.

dudara

Amalgam wrote: »

The removal of the tags would void the buyer's right to a refund\replacement, no?

dudara, I admire your optimism.

It's not optimism, it's the law. If the dress was genuinely defective, then she is entitled to repair/replace/refund regardless of whether the tags were intact or not.

krudler

Rainbow83 wrote: »

Thanks all for the replys, i just rang the store there and they said that's no problem to get a full refund even without the tags, the lady who answered was very pleasant and helpful. I'm going to head up at lunchtime.

This is usually the best way to go about these things, instead of posting on here and a getting a dozen conflicting ideas about what constitues a refund and what your rights are:D

foggy_lad

Amalgam wrote: »

Regardless of the hole, it is the buyer that removed the tags first, stated in this thread.

The removal of the tags would create sufficient doubt to minimise the chance of a refund\replacement.

I would, as a trader, refuse to take back stock under those conditions, why should they?

the tags do not matter as the buyer bought a dress not a set of tags! repair replace and in this case a refund offered without any problem, good to hear some retailers still know their business!

Amalgam

Hmm, my view was based on the 'tags' being the square bit on the neckline, or near the waist.. is that not what the OP cut off?

Paper tags is a different kettle of fish..

foggy_lad

Amalgam wrote: »

Hmm, my view was based on the 'tags' being the square bit on the neckline, or near the waist.. is that not what the OP cut off?

Paper tags is a different kettle of fish..

would seem it was the paper tags but even cutting off the other tags would not make a difference as the dress was not going to be resold due to having a big hole in the side.

ytpe2r5bxkn0c1

krudler wrote: »

This is usually the best way to go about these things, instead of posting on here and a getting a dozen conflicting ideas about what constitues a refund and what your rights are:D

I have to agree. There are far too many queries raised here before the OPs have contacted the shops or service providers. When they do they usually have no problem whatsoever getting a satisfactory response. It can be confusing getting so many conflicting replies on these threads.
Contact the other party first and then look for advice if the matter is unsettled.

GerardKeating

Amalgam wrote: »

The removal of the tags would void the buyer's right to a refund\replacement, no?

dudara, I admire your optimism.

Only if the "hole" was at the site of the tags, otherwise it should have no effect...

Soundman

Amalgam wrote: »

Hmm, my view was based on the 'tags' being the square bit on the neckline, or near the waist.. is that not what the OP cut off?

Paper tags is a different kettle of fish..

Those aren't tags.

They are care labels.

krudler

Fisher Hissing Whistle wrote: »

I have to agree. There are far too many queries raised here before the OPs have contacted the shops or service providers. When they do they usually have no problem whatsoever getting a satisfactory response. It can be confusing getting so many conflicting replies on these threads.
Contact the other party first and then look for advice if the matter is unsettled.

This is usually the gist of how these threads go

OP: "faulty/returned/unwanted product, what are my rights?"
internet legal expert "full refund!"
internet legal expert 2 " no no, at retailers diescretion, paragpaph 18 sentence 12 of the consumer rights rules!"
internet legal expert 3 "pish! small claims court, that can be misinterpreted!"
internet legal expert 1 "I know my rights!"
internet legal expert 2 "as do I!"
internet legal expert 3 "...I also do!"
OP "checked with shop, all ok"
legal experts 1,2 and 3 "told ya!"

dudara

Posters, if you have constructive criticism that could help the Consumer Issues forum improve and offer better advice for posters, then please open a thread in Feedback. We'd be delighted to hear your suggestions.

But please, do not clog up other threads.

dudara

wmpdd3

I think you should name the shop as that seems to be really good service, seeing as they haven't even seen the dress.