Q: A week ago, we purchased a dress as a gift from a local retail outlet. This did not fit, so we went back to change it. When we handed over the dress to the seller, she said there was a spot on it and refused to change it. We argued that the dress was never used and that we hadn’t caused the damage. Furthermore, the spot seen on the dress is barely noticeable and it is likely that it can be cleaned. What are my rights?

A: Legally, sellers are not obliged to change items unless these are defective or do not conform to the contract of sale. If, however, there is a pre-sale agreement that stipulates that the seller is willing to exchange the item if it is unsuitable, the seller is obliged to honour this agreement.

The problem in your case is that the dress is apparently damaged. Since you did not notice any damages when you purchased it and since the dress was in your possession, the seller may argue that the damage was caused by you and that is the reason why they are refusing to exchange the dress.

In such a situation, where the damage may have been caused by the consumer, it is very difficult to claim a legal remedy.

Your only option is to reach an amicable understanding with the seller.