Clothing and accessories are a common purchase for most consumers. However, if items turn out to be damaged, or consumers regret their purchase choice, it becomes essential for consumers to know their legal rights to handle these situations effectively.
Returning unwanted clothes
When consumers want to return new clothes simply because they no longer want them or because they realised they made a wrong choice, their rights depend mostly on the store’s voluntary return policy. In other words, stores are not legally required to accept these types of returns. So it is important for consumers to check the retailer’s return policy before completing their purchase. Policies vary across retailers, so it is in consumers’ best interest to know each store’s specific terms.
Since return policies are voluntary, retailers often set their own time limit within which unwanted items may be returned. Naturally, the longer the return period, the greater the flexibility for consumers. Additionally, certain conditions typically apply to returns. For instance, most retailers require that items are returned with the original receipt, tags and packaging, and in an unworn condition.
Trying on clothes at home is generally acceptable, but items showing signs of wear or damage may not qualify for a return.
It is also essential for consumers to understand the various return options that stores may offer. Some retailers may only allow exchanges, while others provide credit notes or full refunds. Checking these options before buying allows consumers to make more informed choices, especially when purchasing on impulse or for uncertain needs.
Some retailers may only allow exchanges, while others provide credit notes or full refunds
Damaged or defective clothing
Sometimes consumers need to return an item of clothing because they discover a flaw in the product. To avoid being held responsible for any damage that might look like misuse, it is essential for consumers to inspect the item for visible defects before buying it.
If a defect is found in a purchased item, it is important to act quickly. Consumers should immediately contact the retailer to report the issue. Under consumer protection legislation, consumers have the right to expect items to be of satisfactory quality, match the description provided, and be fit for the intended purpose. This means that the clothing should be free from any defects, match its description, including size, colour and other features.
With regard to fit for purpose, if consumers specify a purpose for which the clothing is needed, it should be suitable for that purpose.
If a product fails to meet these standards, consumers have the right to request a repair, replacement, or if these remedies are not possible, a partial or full refund. Consumers should be aware that no company policy can take away or diminish consumers’ legal rights. Furthermore, these rights remain valid even for items purchased at a reduced price, such as during ‘sales’.
However, if a defect was disclosed by the seller before purchase, then consumers relinquish the right to a remedy related to that specific fault.
Clothes purchased online
Additional legal rights and protection apply to online purchases. These rights are stipulated in the Consumer Rights Regulations. Under these rules, consumers have the right to cancel their order within 14 days of receiving the goods, without the need to provide a reason why.
This right, also known as the ‘cooling-off period’, allows consumers to return the product for a full refund. However, consumers may be responsible for return shipping costs but only if they are informed about these costs in the terms and conditions of the purchase.
Resolving disputes with retailers
If a retailer refuses to provide a suitable remedy as per consumer protection regulations, consumers have the option to seek help from the Office for Consumer Affairs. To file a complaint, consumers need to provide a proof of purchase, a copy of the correspondence with the seller showing that attempts have been made to resolve the issue directly with the seller, and any other relevant documentation supporting and justifying the consumers’ claim.
Complaints can be submitted online through the MCCAA website https://mccaa.org.mt/home/complaint.
Knowing your consumer rights when buying clothing can save time, money and stress. Whether you are dealing with damaged goods or returning an unwanted item, knowing what you are legally entitled to ensures that as a consumer you address any issues confidently and effectively.
Odette Vella is director, Information and Research Directorate, MCCAA.