I recently purchased a “high quality” brand ladies shirt from a Boutique when I was on holidays. After one wear and 2 gentle hand washes the shirt has separated at a seam and frayed.
Having contacted the shop (which I am a long way from) they asked that a mail it to them and they would address it. On receipt of the shirt, and a note from me only mentioning washing it and not explaining how I washed it, the owner of the shop has said I shouldn’t have washed it as it said Dry Clean and have rejected my claim of the shirt not being fit for its intended purpose.
I have since contacted the manufacturer and they have said they cannot assist me as I purchased the shirt from a multi brand store and not directly from them I had to go to the store for after sales issues.
Who is responsible for addressing a poor quality item? What are my rights? (the shirt cost $349 so not a great experience).
Hi @EB4169, welcome to the community. In Australia the ACCC provides information on who is responsible for warrant claims:
Who is responsible
Businesses are responsible for resolving problems with products they sell to consumers.
Businesses must not tell consumers to go to the manufacturer for a remedy.
However, for some consumer guarantees, consumers can choose to seek a remedy from the manufacturer, rather than the business they bought the product from. If they do so, consumers will only be entitled to be compensated for the drop in value caused by the problem and, in some cases, other compensation. A manufacturer may offer to resolve the problem by providing a repair, refund or replacement, but consumers cannot demand this from the manufacturer.
What did the label on the shirt state in relation to cleaning? If the label states that it is dry cleaning only, and the washing of the shirt caused the shirt to ‘separate at the seam and fray’, then this could be classed as misuse under the Australian Consumer Law. The ACCC also states:
Occasions when consumers aren’t entitled to a repair, replacement or refund
Consumers are not entitled to a repair, replacement or refund under the consumer guarantees if:
- they got what they asked for but simply changed their mind, found the product cheaper somewhere else, or decided they didn’t like the purchase or had no use for it. However, if a business has a ‘change of mind’ policy, they must follow it.
- the problem with the product was caused by the consumer misusing it
- they knew of or were made aware of the problem with the product before they bought it (but they may be entitled to a repair, replacement or refund for a different problem with the product that wasn’t made clear to them before they bought it)
- asked for a service to be done in a certain way against the advice of the business
- the problem with a service was caused by the actions of someone other than the business.
Misuse can include using a product against the manufacturer’s recommendations or in a way that the product was not intended.
It would interesting to know what the label said in relation to the shirt’s care, as this would be able to better guide members on the rights that you might have.
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