I purchased a dress from Gingham & Heels. The sizing was very small so I returned for a refund. I received a response saying under ACCC rules they can only offer a credit. I liked the dress, I liked the material, the sizing was very small, the dress did not fit. What can I do? Thank you
1 Like
Welcome to the community @dragonline.
Does the seller Gingham and Heels offer the same product in a larger size/s? If so why not exchange it for larger?
Clothing sizes vary between brands, as well as body shapes. The sellers web site should have the terms and conditions of sale accessible prior to completing the purchase. Assuming it does, what conditions did the site offer in respect of returns. Many may exchange unused items based on size, and some at no postage cost.
Is this the reference from the store to the ACCC?
In compliance with Australian Consumer Law and the ACCC Gingham and Heels is not required to provide a refund if you have a change of mind. This includes payments made with AfterPay.
A change of mind includes but is not limited to the following.
- Just didnāt like it
- Colour not exactly what you thought
- Didnāt fit how you imagined
- Not a suitable shape for your body
- The wrong size
- Style or fabric not to expectation
My jeans say Iām a 34ā waist. My genes and GP say Iām a 38ā. Iāve various sizes of pants according to the label. I have a similar issue with footwear. Unfortunately assuring fit is different from basic sizing.
4 Likes
All eligible items returned for a change of mind will be issued with a store credit.
In compliance with Australian Consumer Law and the ACCC Gingham and Heels is not required to provide a refund if you have a change of mind. This includes payments made with AfterPay.
A change of mind includes but is not limited to the following.
- Just didnāt like it
- Colour not exactly what you thought
- Didnāt fit how you imagined
- Not a suitable shape for your body
- The wrong size
- Style or fabric not to expectation
Are you able to go up a size/s in the item you liked? I had a recent experience with the same issue (different online store) - two of the three items, all ordered in same size, didnāt fitā¦
With Gingham & Heels, you will automatically lose $5.00 per item on your store credit - called a ārestocking feeā (or for defraying their āfreeā return postage"??).
I would be inclined to accept the credit, which according to the T&Cās, is your only option - then onsell/gift it. And before buying clothing online again, read the vendorās Returns Policy before you even start looking at the products: there may be other sellers who offer better Tās & Cās re sizing.
3 Likes
I may have the wrong idea about how the rules on change of mind work but it seems that the key question is how does the size compare to that advertised. If it measures to the size advertised it is a change of mind and you have to deal with whatever remedy they allow. If it is significantly smaller it is a manufacturing or labelling error and you are within your rights to ask for a refund.
1 Like
Thank you, it is much smaller. My daughter who is a 8/10 says it is a small fit.
1 Like
Yes, thatās the policy from ACCC. My daughter is a 8/10 and she says the dress is definitely a small fit. Thank you
1 Like
Actual measurements would help your case. If you can show that the garment is (say) a full size or more smaller than it ought to be according to the standard size you will do better.
2 Likes
This is one of the challenges buying clothing online. Sizing can vary between styles and manufacturers depending on materials, cut and style. As everyoneās body is different, garments may not fit as well based purely on sizeā¦and why trying on clothing is often the best solution for fittings.
In relation to trying on, Ginham and Hells has a exchange policy to allow customers to receive a garment, try it on and then ensure that it fits. There exchange policy is:
If you would like to exchange your item for something else, please return your item(s) as per the above instructions and once we receive your item we will issue you a Credit Note within 5 business days which you can then use to purchase your new item.
This allows customers to return purchased items which donāt āfitā their body properly. As the garment in question is a small fit, it is possible to return the garment and ask for the next size up to be sent out to you. As you appear to have made a purchase to buy the item in question, this may be your best solution.
In relation to a small fit, as indicated above, as sizing does vary depending on materials, cut and style, it is possible that the garment in question is the right size but oneās body isnāt the perfect shape to match the garment in question. This would fall under a change in mind as the labelling isnāt misleading nor faulty. If the cut or style isnāt flattering even with a larger size, the best option may be to accept the store credit and purchase an alternative garment.
3 Likes
There is indeed a variation of sizes even between stores. A lot depends too on the ease that is added to the basic pattern. Clothing for sale in shops that cater for the younger ones are more tight fitting than those for the more mature figures.
The same size is too big for me in shops like Millers, but I struggle to do up the top of a dress in stores like Dotti 
2 Likes
Their website includes the below sizing guide. If you find that the dress sizing is not consistent with that guide i.e. the product description is incorrect, you might have a stronger argument for getting a refund.
1 Like
To determine that, you need to have their measurements of bust, waist, hips along side their description of the sizes.
To say that āsmallā is size 8 etc. doesnāt disclose much.
2 Likes
Thatās a mind pleasing size 4 in the US.
Itās not much help as you point out as we are all variations on a theme no one size can measure. Also an observation regular users of specialty male designated apparel should also be familiar with. For fit to shape for mens workwear itās not uncommon to have a choice of āStoutā, āRegularā, and āLongā with each size. Observation gender independent suggests that short of surgery and starvation itās a universal truth.
Ahead of their very simple size chart, the offer of assistance may be more than many online sellers provide.
Iād appreciate a flatness of lower tummy measure. Possibly wasted on youthfulness, but certainly a concern in old age if one needs to ever sit down or bend over.
2 Likes
Sizing can vary between machinists making the same label size in the same style for the same brand.
If machinist A is 3mm out on both side seams and machinist B is 2mm out the other way on both side seams, then the difference in circumference between the two garments is 20mm.
