Clothing and accessories are undoubtedly one of the most common purchases consumers make, apart from food. So it is quite likely that from time to time, consumers may encounter some problems with these type of purchases. Whether consumers regret an impulse buy or end up buying a defective product, understanding their consumer rights when returning clothes is very important.

It is common for consumers to want to return unwanted clothes. Consumers’ rights in such situations depend on the shop’s return policy and on specific precautions consumers take before making the purchase.

The first responsibility consumers have is that of familiarising themselves with the retailer’s return policy. Basically, consumers need to check if the retailer accepts returns if they change their mind about the products bought. This flexibility is very important because unless a shop has a voluntary return policy in place, if consumers change their mind, they do not have a legal right to claim a free remedy from the seller.

Consumers should keep in mind that return policies may vary between different retailers, so it is in their best interest to check about the company’s return policy with every purchase they make.

Some sellers only allow exchanges of unwanted goods, while others are willing to issue a credit note or a refund

Consumers are also advised to gather information on the timeframe during which unwanted goods may be returned. The longer this timeframe is, the more flexibility consumers have to return the goods bought.

Consumers should also ask about the conditions of the return. Usually these include keeping the fiscal receipt and the original tags and packaging.

Unwanted clothing items should also be unworn. While consumers are usually allowed to try them on, significant signs of wear may hinder the return process. Another important responsibility consumers have is to understand the return options. Some sellers only allow exchanges of unwanted goods, while others are also willing to issue a credit note or a refund.

There are also situations where consumers need to return items of clothing because they discover that they have a defect or are damaged.

Firstly, consumers should remember that they are responsible to carefully check the clothes they are buying for any visible defects prior to concluding the sale. If they do not do so, and the defect or damage the product has might have been caused by misuse or mishandling, legally consumers may not be entitled to claim a free remedy from the seller.

In case of damaged clothing, once consumers discover the defect or damage, they must notify the retailer or the shop’s customer care immediately.

Consumer legislation gives consumers the right to request a free remedy from the seller if goods sold to them are not fit for their intended purpose, do not match the description given by the seller during the sale, or are not in conformity with the contract of sale.

In such a situation, the remedies consumers are entitled to claim are free repair or replacement of the non-conforming good. If neither of these two remedies are possible, or if opted for may cause consumers a significant inconvenience, then consumers may opt for a part or full refund of the money paid.

Consumers should note that no company policy can take away or diminish consumers’ legal rights. Furthermore, these rights also apply to when goods are bought at a reduced price, such as during ‘sales’. Consumers can only lose their right to claim a remedy if a product’s fault or damage is pointed out to them before the sale is concluded and they still decide to proceed with the purchase.

Additional legal rights apply when clothes are purchased online. These types of purchases are regulated by the Consumer Rights Regulations, which provide consumers with the right of withdrawal. When consumers buy goods online, they have up to 14 days from the day they receive the ordered goods to change their mind, cancel the sale and claim full refund of the money paid. Consumers may, however, be requested to cover the costs of returning the unwanted products to the online seller.

In case of unresolved disputes with retailers, consumers may seek the assistance of the Office for Consumer Affairs. Upon registering an official complaint with this office, consumers are required to submit the proof of purchase, a copy of any correspondence they had with the seller showing that they have already notified the trader about the problem but no solution was reached, and any other relevant documentation that supports their case. A complaint with the Office for Consumer Affairs may be submitted online at this link.

odette.vella@mccaa.org.mt

www.mccaa.org.mt

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