Other than food, buying clothes is one of the most common purchases we make in our daily lives.
We need to show that the damage was not caused by normal use or wear and tear- Odette Vella
Consequently, it is likely that sooner or later we may encounter problems with clothing items purchased. When faced with the need to return either unwanted or damaged clothes, it is in our best interest to know how the law protects us in these two circumstances.
Just like when buying other goods, when we buy clothes, even those bought at reduced prices, these must be of satisfactory quality, fit for the purpose we need them and as described.
For example, hiking boots should be tough and strong; if a rain jacket is described as being waterproof, it should be exactly that. If this is not the case, the law gives us the right to claim a free remedy.
Faulty or damaged items may, in the first instance, be repaired or replaced. Part or full refund may be claimed if the defective clothes cannot be repaired or replaced. Therefore, whenever there is a problem, the law protects us with a solution.
Legal remedies can be claimed within two years from the date of purchase. Sellers may ask us to provide proof of purchase before granting the requested remedy.
Ideally, we should present the fiscal receipt, but if this is no longer available, a bank or credit card statement should be enough.
Proof of purchase is particularly important if the damaged item was bought recently as we need to show that the damage was not caused by normal use or wear and tear. This is especially so with clothing and footwear.
It is always the seller who is responsible to provide us with the legal remedies, and this cannot be brushed off by notices stating that goods are not returnable or exchangeable. This also applies to items sold during sales.
However, very often, we need to return clothes because we realise that what we buy is not a good choice, or in the case of gifts, we find out the clothes are unfit for the person we are buying them for. In such situations, there is no legal solution but we must rely on precautions taken before buying and on the shops’ return policies.
A precaution to take before finalising purchases is to check the shop’s return policy. Since we may need to exchange unwanted items, it would be useful to know whether this is possible and also under what circumstances it is possible.
It is important to observe these conditions which usually include keeping the fiscal receipt and the original tags and packaging. Normally, there is also a time-limit within which unwanted goods may be exchanged.
Another necessary precaution is to carefully check the clothes for any apparent defects. Ideally, this is done while we are still in the shop and before the purchase is finalised.
Legally, we have additional rights when we buy clothes online. This kind of shopping is protected by the Distance Selling Regulations, which grant us a cooling-off period.
When buying online from a local trader, we have 15 days to change our mind and ask for a refund. If the items are purchased from a trader operating from an EU member state, the cooling-off period amounts to at least seven working days.
If we have a problem and are legally entitled to a remedy, our first responsibility is not to waste time but to complain to the seller immediately. Most times, speaking to the seller is enough to solve the problem.
However, when we realise that an informal complaint may not be enough, it is necessary to put our complaint in writing.
If our request for redress is rejected by the seller, or we do not agree with the solution offered to us, our next step is to contact the Office for Consumer Affairs, within the Malta Competition and Consumer Affairs Authority, and file a complaint.
info@mccaa.org.mt
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.