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Returning Items/Statutory Rights


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Old 13-08-2012, 10:59   #1
Babycakes15
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Returning Items/Statutory Rights

I bought a dress online from Very a month ago, I've worn it once and it has broken and can't be sewn back together, the seam has completely ripped and because of the material it has started to fray. Even though it's a few days outside the return time, can I still return it as it's not fit for purpose? I've only worn it the once, it fitted me, if anything it was a little big and I didn't catch it on anything to rip, it just did.
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Old 13-08-2012, 11:22   #2
chrisjr
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You can certainly try to return it. Just because the store may have some arbitrary returns time limit does not in any way affect your rights under the law. If these rights apply then you are still entitled to return faulty goods. Though you may only be entitled to a repair or replacement not a full refund, it all depends on the circumstances.

If the Sale Of Goods act applies, in the first six months after purchase the onus is on the retailer to prove the goods were not faulty at the point of sale. After six months the burden of proof reverses and it is up to you to prove they were faulty. But the retailer is entitled to determine if the goods were inherently faulty or if the problem was caused by misuse after purchase.

There is certainly nothing to lose by contacting them and seeing what they say.

There is some useful information about a consumer's rights under the Sale of Goods Act here

http://www.oft.gov.uk/business-advic.../sogaexplained

Section 5 especially.
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Old 13-08-2012, 12:21   #3
burnt toast
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Yes you are entitled to a replacement or repair or if they prefer, a full refund. Contact them and go from there. Don't be stroppy first off but if they don't play ball immediately, then make it obvious that you know your rights.
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Old 13-08-2012, 12:39   #4
Babycakes15
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Thanks for your help, just waiting to see what they say now. I'm not very good at complaing
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