What rights do I have in relation to a faulty clothing item?

another question

Hi,

I bought a pair of 3/4 length Nike capri workout bottoms in a Heatons store yesterday and wore them to a class last night. I tried them on in the shop and they were fine but as soon as I started doing the class they kept falling down where I had to keeping stopping to pull them up.

I have had a few pairs of these particular capris in the past that I had either bought off nikestore.com or Lifestyle Sports and I never had any problem.

Like I paid €30 yesterday and I will never put these on again, they were the most uncomfortable things to work out in that I have ever worn. There is definitely something wrong with them as they shouldn't be doing that. They are the same size, same style as the ones I have had before.

Have I any comeback with Heatons? Even though I took the tags off I still have them and the receipt.

Advice?

slimjimmc

If the shop provided changing rooms and you tried them on in the shop you have no legal grounds to return them just because they're the wrong fit or uncomfortable. You could check with Heatons to see if they have a return policy which will allow you return them with tags removed.

another question

slimjimmc wrote: »

If the shop provided changing rooms and you tried them on in the shop you have no legal grounds to return them just because they're the wrong fit or uncomfortable. You could check with Heatons to see if they have a return policy which will allow you return them with tags removed.

I understand what you're saying and I will check with Heatons, I just wanted to have any information that was available before I went into them. I hardly ever return anything, I hate returning stuff but I feel as though I have just flushed €30 down the toilet, especially as I have had numerous pairs of these in the past without any problem. These are a totally different fit, they don't fit at all.

And I do think they are faulty, like aren't they meant to be 'fit for their purpose'? There purpose is 'for exercising, working out' I couldn't do that without them falling down and this was only at the warm up stage. The crotch part was even down at my knees, it was beyond embarrassing and I should know as I have had these before and they are usually a perfect fit.

slimjimmc

But that's why they provide fitting rooms, you're supposed to try them on and see if they meet your requirements or not.

Sulla Felix

You might have some wiggle room if they're not actually the same size as supposedly identical ones you've bought previously. You say they're the same style and size, get a measuring tape and check out some of the dimensions.

another question

slimjimmc wrote: »

But that's why they provide fitting rooms, you're supposed to try them on and see if they meet your requirements or not.

I know, I work in a clothes shop but I do think there is a difference between trying on a jacket, a t-shirt, a pair of jeans, a pair of shoes that you are going to walk around in, in comparison to trying on a pair of jogging bottoms, I could hardly do a sprint, some squats and star jumps in the fitting room?! There was no problem when I tried them on stood there, the problem occured when I started moving but I get what you're saying.

another question

Sulla Felix wrote: »

You might have some wiggle room if they're not actually the same size as supposedly identical ones you've bought previously. You say they're the same style and size, get a measuring tape and check out some of the dimensions.

I don't have my previous ones, they were threadbare, I though them out around the end of March and I wore shorts all summer but these are way bigger in the waist than what they are meant to be. The waist looks completely out of proportion to the rest of them.

Sulla Felix

Alright, next step is to head back to the store with your measuring tape and measure a few of the others listed as same size/style. Even if the sewn on labels claim one size it could very well be a larger one. Quality control in the massive factories that this stuff is made in can be far from perfect. Lack of oversight etc.
It'll really depend on Heatons though. Even if you do the above and your pair seems wrong compared to the rest, it'll be on goodwill terms only that you'll get an exchange especially since they've been used and labels removed.

mdebets

Why are they falling down? Are they too wide?
If they are, were they that wide when you tried them on, or did they become wider over night?
Could you not just tighten the waistband?

F1ngers

another question wrote: »

I know, I work in a clothes shop but....

another question wrote: »

I just wanted to have any information that was available before I went into them.

If you work in a clothes, surely you know about and understand consumer rights.
What if someone came into the shop you worked for?
How would you handle that situation?

househero

Yes you can return an item if it is faulty. Convincing the shop assistant they are faulty may be easier said than done.

Don't put it off go back as soon as you can. Ask for a refund. If they refuse ask for store credit.

Good luck

davo10

I know ladies know a lot more about clothes than most men, but even I know that some brands are loose fitting and some are tight particularly when it comes to trousers/shorts etc. as previous posters said, you tried them on to check the fit in the shop and then bought them. You do not mention that they ripped or the stitching came apart or any other fault so they are as "fit for purpose" now as when you tried them on. You would appear to have bought an item of clothing which is slightly to big for you, as you work in the clothing industry you must know this is quite a common occurance, not everyone has a precise 26 or 28 or 30 inch waist, that is why we all try items on before buying them. If you exercise, maybe your waist is a little slimmer than when you bought the last pair?

If the item is not faulty then how can it not be fit for purpose? And as someone who works in the industry you would know that it is difficult to draw any other conclusion than you may have bought pants that are too big for you even though you tried them on. Who is at fault here, the shop?

sandin

slimjimmc wrote: »

If the shop provided changing rooms and you tried them on in the shop you have no legal grounds to return them just because they're the wrong fit or uncomfortable. You could check with Heatons to see if they have a return policy which will allow you return them with tags removed.

That's rubbish.

If there's a fault with them, then the op is entiled to replacement / refund / repair.

Fitness bottoms gear should stay up during a normal workout - if not, there's an issue with the design. Possibly its just a fault with that single pair.

andrew241983

use and extension cord as a belt

borderlinemeath

Perhaps could it be that with all the gym work you're putting in that it's paid off and your body shape has changed;)?

While the pants might be the same size, if you had ones that you threw out six months ago it's plenty of time for your body to tone up and get some extra definition. While you might not have lost weight, your waistline may have lost an inch or two and your legs may have strengthened with muscle tone..

Put yourself in Heatons position, there's technically nothing wrong with the pants except they're a bit big on you. If you could prove that your old ones were exactly the same size, you might have some room to manouvre with them but without them you're not in a bargaining position. You can absolutely go in and argue your case but without any proof of the product being mislabelled be prepared to walk away empty handed.

Failing that perhaps a letter to Nike Head Office explaining that you are brand loyal to Nike, always your preferred option for workout gear and explain your case regarding their product.

This is the address for Nike Ireland that google throws up. Maybe a quick phonecall might establish if they can help with a product query.

http://www.yourlocal.ie/d/sports-equipment-dublin-15/nike_limited_01_8243742

Tigger

sandin wrote: »

That's rubbish.

If there's a fault with them, then the op is entiled to replacement / refund / repair.

Fitness bottoms gear should stay up during a normal workout - if not, there's an issue with the design. Possibly its just a fault with that single pair.

They are too big
That's not a fault

P. Breathnach

sandin wrote: »

... If there's a fault with them, then the op is entiled to replacement / refund / repair.

Of course. If there is a fault.

Fitness bottoms gear should stay up during a normal workout - if not, there's an issue with the design. Possibly its just a fault with that single pair.

Fitness bottoms of the right size should stay up during a normal workout. I don't think the consumer is entitled to presume that two garments of the same nominal size purchased at different times will fit identically. The question in my mind is how well the trousers fitted in the changing room: was the waist a bit generous, and did OP fail to notice?

Procrastastudy

There's a bit of a grey area in woman's drapery, so I'm told I only every wear lingerie, in that sizes are not the same across different ranges. This could give rise to a tenuous argument of 'not fit for purpose'. All that said I'd just go back to Heatons and ask them, chances are they'll be grand about it. Thats assuming you don't go in all snotty quoting your rights.

Sulla Felix

Well, for one there's no such thing as a Small, or a 12. They're just arbitrary designations. You can go to a half dozen same size similar style, say plain dress pants, and the measurements will be all over the place. My gf is an 8 in some places, 10 in others, medium petite in another.
OP has said they were fine in the changing room anyway. Could be something as simple as a broken elastic in the waist now that I think of it. Wouldn't outwardly look any different but would have a lot less grip when worn.

Lyn256

I'm with Sandin-if there's a fault then bring them back. Its €30 of you're hard earned cash
For those of you berating the OP-they hardly bought the wrong size on purpose and it does happen that you can try something on and then bring it home and find that there is a fault in them (for example, bought a pair of boots a month ago, after a few wears, on one side the zip keeps slipping down half way-just have to find the time to go back to the shop and exchange them)

Most shops barely train their staff let alone go into consumer rights with them. (I'm a customer service trainer, among other things, and I've trained numerous people who work in shops who had no idea of basic customer care or consumer rights)

Another question, here's what you do-head back into Heatons and return them-explain that you tried them on they fitted but when you work out they fall off.
Hopefully you'll get a nice (trained) assistant who just exchanges them for you or gives you your money back.
If not, then mention sale of goods and supply of services act and that the goods are NOT fit for their purpose (working out)
If they are still iffy, remind them that it will cost neither the sales assistant or Heatons anything to exchange or refund you as they will get credit themselves from their own supplier . . . .
Last option is to go to the small claims court but hopefully it really shouldn't go that far

Hope that helps

Lyn

Procrastastudy

I'm not sure Small Claims will be very pleased with someone looking for a net claim of €5. You also don't know Heatons deal with Nike or the Wholesaler. As for most retailers not training people on their consumer rights. They shouldn't. A retailers policies should be in conformity with a number of laws not just the SOGASOS Act. The staff should then be trained on those policies, with a robust and flexible customer services department available to deal with disputes.

That said int this instance if I were in the position of Heatons I'd swap them purely on the basis of good business practice.

richiek67

Perhaps you've lost weight...:)

d9oiu2wk07blr5

another question wrote: »

Hi,

I bought a pair of 3/4 length Nike capri workout bottoms in a Heatons store yesterday and wore them to a class last night. I tried them on in the shop and they were fine but as soon as I started doing the class they kept falling down where I had to keeping stopping to pull them up.

I have had a few pairs of these particular capris in the past that I had either bought off nikestore.com or Lifestyle Sports and I never had any problem.

Like I paid €30 yesterday and I will never put these on again, they were the most uncomfortable things to work out in that I have ever worn. There is definitely something wrong with them as they shouldn't be doing that. They are the same size, same style as the ones I have had before.

Have I any comeback with Heatons? Even though I took the tags off I still have them and the receipt.

Advice?

I have to admit that I got two pair of Nike capri pants in another sports store - both were purchased one week or so apart and they were the exact same sizing. However, like yourself one pair did tend to fall down where you'd be constantly pulling them up when I was out jogging. I'd return them back to the store tbh in that if they keep falling down while out jogging they are obviously not fit for purpose.

another question

Hi guys,

A follow up to my situation.

Returned the capris to Heatons yesterday, didn't bother hassling the sales assistant just asked to speak with a manager directly. The manager came and briefly listened to my complaint, took the capris and my receipt and asked me to give her a few moments. She was over the other side of the store speaking with a male manager and then she returned to me with another pair of the same style in a size L and told me there was no difference between them. Confused, I asked her to elabortate, she asked me to feel them both, she said neither were TIGHT material and if I didn't want them to fall down I should have bought TIGHT ones. I was beyond irritated that in fact she HADN'T listened to me because if she had she would have realised that I pointed out they were ADVERTISED as TIGHT FIT. I had the label in my hand and then I politely pointed out the TIGHT FIT lable that was attached to the LARGE she was holding, she then asked me to hold on again and she went off to speak with a new manager, another female. They left me standing for ages and then the NEW manager came over to me and argued solidly with me for about 5 minutes, it seemed much longer. She argued that as many of you posters said I had tried them on but I went on to explain to her that yes I tried them on and that's how I know I bought the correct size after several attempts by both of them to suggest I should have bought the xs.

I explained again that the problem occured when I started working out and it was like the waistband had lost it's shape and wouldn't stay up, I explained this made them 'not fit for their purpose' which was working out and that they should stay up. She kept looking at them and not making any eye contact with me and acknowledging me as I spoke so eventually I asked her to lie them flat on the counter against the other pair she had in her hands. I did it for her as she seemed relunctant and it was evident that the UNUSED pair wasitband were lying completely flat and that MY pair looked like excess material was pushing up in the middle and when I turned them over they did the same thing at the back. It was so obvious and she didn't seem impressed. She then just whipped them off the counter, made her way to the till, asked for my card and gave me a refund.

I also explained to her that I bought alot of stuff in her store that day and that I hadn't any problem with the rest of it but that I wasn't prepare to throw €30 away on something that was faulty. The fact I spent over €100 that day didn't seem to matter to her at all. This aside, I got a refund but left the store feeling very aggigated and hadn't received any apology even though I feel my case was perfectly clear but I am glad I didn't just put up with it and throw my money away but I will be dealing with the likes of Lifestyle Sports anymore as at least they have a relationship with NIKE.

Thanks for your help guys

Sulla Felix

Good to hear you got a good result against the odds.

Lyn256

Glad that worked out for you!!

Well done and I'm glad that you stuck your ground with them-shame on the managers for such BAD customer service!