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Top labelled two different sizes...

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  • 26-07-2013 1:30pm
    #1
    Registered Users Posts: 191 ✭✭


    Ok –so here’s the story..

    I bought a top in a high street store about 4 weeks ago…..Hanger size 12, label on collar sixe 12. I am a fairly standard “12” so didn’t bother trying it on etc etc.

    Anyhow – brought the top away with me the next weekend, took tag off and put it on….felt it quite big on me – but didn’t give too much thought to it, until I saw photos of me in it and it was swimming on me!

    Came home – washed top, but thought to myself – not going to wear that again, unless I get something done with it. So was taking top out of wardrobe to bring it to my local seamstress to adjust – when I noticed the label on the side seam said size 14….So – two different labels on the one top – one a 12 and the other a 14 – and I would imagine the true size of the top is the latter.

    Decided then – I still have the receipt, that I wasn’t going to pay for this to be adjusted, but I should be entitled to an exchange or money back, as the goods sold to me were not as advertised! I am going to bring it back to the shop tomorrow to see what they say….anyone know if I have a leg to stand on

    Advice appreciated! Maura


Comments

  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    I would reckon that if the shop provided facilities to give you the option of trying it on they could refuse you a refund. Hopefully the will show good will and offer a replacement.


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Did the shop have changing rooms to try it on? I think if they have provided you with the opportunity to try before you buy, you have less comeback. Sizing is always a tricky one, every shop is different, regardless of labels.


  • Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Your issue is that 'defects' need to be reported in good time. You've got to the stage where you've worn as washed it. I would compare it to trying to return an overdone steak after you've eaten it.

    It would have been different if you'd have cut the tag off, tried it on and then found the issue - I don't buy this thing ref the fitting rooms personally.

    The shop may do it as a gesture of goodwill, take the hanger in.


  • Registered Users Posts: 191 ✭✭mauraf


    Thanks for the feedback all....there were fitting rooms, but I didnt try on...never do to be honest, but I know thats not their fault! I would have thought, under the " Sale of Goods Act" - that I could argue the below with them...but that may be just my interpretation of my rights.......

    • The goods must be of "merchantable quality" and they must be fit for their normal purpose - except in the case of defects which are actually pointed out to the buyer or which the buyer should have seen, if the buyer had examined the goods.
    • The goods must be reasonably fit for the particular purpose for which the buyer intends to use them - assuming that the buyer has indicated in some way the particular purpose for which the goods will be used.
    • The goods must be as described whether the description is something written on the package, something said by the seller, something said in an advertisement or something described in some other way.


  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    mauraf wrote: »
    Thanks for the feedback all....there were fitting rooms, but I didnt try on...never do to be honest, but I know thats not their fault! I would have thought, under the " Sale of Goods Act" - that I could argue the below with them...but that may be just my interpretation of my rights.......

    • The goods must be of "merchantable quality" and they must be fit for their normal purpose - except in the case of defects which are actually pointed out to the buyer or which the buyer should have seen, if the buyer had examined the goods.
    • The goods must be reasonably fit for the particular purpose for which the buyer intends to use them - assuming that the buyer has indicated in some way the particular purpose for which the goods will be used.
    • The goods must be as described whether the description is something written on the package, something said by the seller, something said in an advertisement or something described in some other way.

    I think the 3rd point about the description might be the only one that has a chance before as another poster said different brands have different sizing regardless of what the label says.


    Fit for purpose - did it work as a top? According to what you wrote, it did (Even if it was big)


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  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    I think OP might be in a stronger position than some others here seem to.

    It's fairly obvious that she was willing to accept the consequences of not trying on the top in-store. To me, that means that if it was a large-fitting 12 she was not going to make an issue of it. But she finds herself lumbered with an incorrectly-labelled garment which seems to be a 14. That's a consequence that she should not have to accept.


  • Closed Accounts Posts: 1,594 ✭✭✭sandin


    instead of wondering and guessing would you not

    1 - ring the shop

    or

    2 - bring it to the shop and ask.

    Guess what? - you'll get your answer then.

    If you are then not satisfied with their answer ask for peoples comments, but second guessing a shop's answer will get you no-where.

    Be polite and explain nicely, a good retailer will always help a nice customer.


  • Closed Accounts Posts: 5,175 ✭✭✭hoodwinked


    it happened to myself twice in the same high street retailer with a pair of Jeans,

    i bought two pairs exactly the same both size 10 long leg, one leg was much shorter than the others despite the label saying the same size. 10L

    i brought it back and exchanged it without issues (but it still had the tags and i had the receipt)


    a few months later i bought a different style of 2 size 10 L jeans, and this time the legs on both pairs were the same (i tried one on instore and picked up the second because they were so comfy) but when i put on the second pair the waist dropped to the floor, the waist was much larger than the width of the actual size 10L :eek:

    the way it was on the hanger hid the extra width, so whoever placed it on the size 10 hanger should have really noticed something wasn't right even though the label said 10L. this time i had removed the tags so i didn't try bring it back but i am more aware now when buying clothes and don't depend on labels anymore especially in this particular store


  • Registered Users Posts: 191 ✭✭mauraf


    Just to update you all - brought the top back, and shop apologised profusely and offered me a full refund...

    Went in nicely nicely - not in my nature to cause an argument unless I have to - and paid off....Shop happy to accept the top was faulty.

    In case it happens to anyone else...:-)

    Maura


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