When did “does not fit” become a “change of mind” policy?

Shopping
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Living in a regional area, there are limited options for purchasing clothing.

Covid 19 forced many (clothing) retails to close their doors. Out of necessity, I now need to shop online.

In May I purchased direct from Princess Highway/ Dangerfield Brand some skirts on Sale. I had previously purchased this brand from either Myer or direct from them, without any problems with sizing and fit (pants, dresses & tops).

The skirts I bought where too short. After giving up on trying to navigate there NOT so easy returns, I posted the skirts back with documentation, emails etc by tracking post – requesting a refund.

The reply I got was that I wasn’t entitled to a refund, and they would give me credit instead. I emailed them my Consumer Rights from various websites.

Several weeks later I finally got a response (well after the fact and already having been given ‘credit’) the following email from Customer Service – DANGERFIELD.

[Name deleted] (Dangerfield)

Jul 5, 2020, 12:12 PM GMT+10

Hi [Name Deleted],

Thank you for your email and my sincere apologies for the delay in response.

Items that do not fit or were purchased in an incorrect size are considered change of minds purchases, as the item itself does not exhibit a manufacturing fault and there is not issue with the garment. I do apologise for any inconvenience caused, we recommend customers have a read of our returns policy here: https://shop.dangerfield.com.au/returns-n-exchanges before purchasing to ensure customers are aware of what they are entitled to in the circumstances of a return.

Have a great day,

[Name Deleted].

Dangerfield Online.

What are my rights? Or is there a blurring between the lines now with online clothing Shopping?

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Unfortunately the consumer guarantee under Australian Consumer Law is about faults associated with a product being sold and not in relation to buying the wrong item. They are correct that buying the wrong size or too short would fit into an exemption under the ACL.

When purchasing clothing where it isn’t tried on (e.g. online or in person for someone else), it is important to establish what their company policy is in relation to exchanges (wrong sise, colour or fit not perfect/suit) or refunds when one does not want what is purchased …which includes change of mind.

Many retailers don’t allow exhanges (or refunds) for clothing, clothing on sale or clothing in contact with ‘private parts’ of the body (e.g. underwear/swimwear).

It is unfortunate that some retailers are restrictive in dealing with exchanges, but I can see why they do it (for hygiene reasons or to combat fast fashion where things are only worn once). They also are unlikely to be able to onsell it (especially in COVID-19 environment we live, because the product may be considered used by other customers or if it was the last product of that colour/make and no longer a listed product to sell).

Edit: it appears that their policy in relation to exchanges (wrong size or style? purchases) is to offer store credit or refunds depending on whether the product was on sale or not. It appears that products on sale they can offer store credit, or have chosen to for the on sale products you have bought. While this may not be ideal for you, at least you have the opportunity to purchase another item as a replacement.

Buying the wrong size or a skirt that is too short is like buying paint of a particular colour based on a small colour card and then when opening the tin, seeing that in a bigger area the colour doesn’t look as good. Such paint one can’t get a refund on nor exchange. Some businesses may give discount to the next paint purchase as a company policy.

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Browsing their website FAQ there is a link ‘What is my Dangerfield size’

If the garment otherwise fits but is too short for your preference it seems like a gray situation re style, not fit. Does the product image suggest it is a shorter tailoring and if not, it might be considered misrepresentation even if innocently done.

From the ACCC ‘the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.’

Since you have already sent it back you could ask your bank for a charge-back to your credit card for ‘merchandise not as described’ if that is the case, noting you have a finite time to lodge that, often 60 days.

Dangerfield might reply to the issuer it was a change of mind and the item is as described, and your card issuer may or may not be inclined to agree. You could advise Dangerfield that Choice community is interested, noting in a shop if a garment does not fit or is otherwise not suitable for the customer it is not a change of mind, a customer would not buy it. Ask them to explain why buying from them online is different in their view.

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If size is okay but style not (skirt too short), this could sit outside their exchange policy as it is the style not size that is an issue. If the size is okay and the product is that which was observed online then it could definitely be a change of mind. Credit card chargebacks won’t work in such case (see below).

Notwithstanding this, as @PaislyGirl27 has received store credit (compensation) for the purchase, such is an exemption for chargebacks.

Dangerfield does not have a change in mind policy, so they can use their digression in relation to a customer’s purchase. They could refuse to accept the clothing back (send it back to the customer), but have chosen to give store credit in @PaislyGirl27 case.

Edit: NAB for example lists grounds for chargebacks, namely,

  • Help identify transactions you don’t recognise.
  • Dispute payments where your purchase didn’t arrive and you can’t get a response from the merchant.
  • Dispute payments where the purchase differed from its description.
  • Cancel and dispute direct debits you thought you’d cancelled.
  • Dispute payments where the payment taken differed from the agreed amount (e.g. you’ve been charged $1000 instead of $100).
  • Review and dispute duplicated transactions.
  • Dispute payments where the goods delivered were defective or damaged.
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Thank you for your feedback.

I normally don’t buy clothes online, and had approached with caution when ordering Princess Highway and Dangerfield Branded items. It had been successful to a point when I purchased pants, tops and dresses and had no problems with size and fit. Exercising due diligence with sizing guides etc.

Decided to branch out into purchasing skirts (but there was no indication or sizing eg length from waist to skirt hem). While items were described and shown as ‘above the knee’ (about an inch or two?), I didn’t realise how short they would be once I tried them on. Images are subjective if they don’t tell you how tall the model is etc.

I couldn’t go up the next size because the waist would have been too big and there was no guarantee that the skirt would be any longer.

My thinking was "You can return something if it doesn’t do what you’d reasonably expect it to do” in this instance, I couldn’t wear the item because it was too short. So I suppose it falls into a grey area – while it was the correct size – it was too short. I couldn’t exchange for the next size up as it would be too big or loose around the waist.

I’ll be glad when we can go back into clothing shops and actually try on clothes!

Cheers

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You can if the product was sold with specific information about this. If the product description or salesperson said that the hem of the skirt would sit exactly 50mm above the knee on any wearer, and it sat 60mm on you, then the product would have been sold with misleading claims. This falls under the ACL as there is a fault with the description and impression it gives.

I would be surprised if any clothing retailer would make such claims as the same clothing sits on each individual differently.

A skirt being too short is a personal preference and not the fault of the retailer nor skirt manufacturer. This is why it is important to understand change of mind policy before any purchases,

The Victorian Government (applies to all states) gives a summary of Change of Mind purchases…

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From what you have written @PaislyGirl27, I agree with the view that the product is not faulty & is as described. Therefore does not qualify under the ACL for a refund.

If the photo/description had been a skirt that comes to near the knee, and a miniskirt is delivered, that would not be as described & would be claimable under the ACL.

The takeaway from this is: don’t buy on-line unless ALL the measurements are listed and those measurements suit you.

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And they have a refund policy where they will refund returned products which are not as expected or do not suit ones personal tastes.

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I had not heard of Dangerfield before but they appear to make Solomon Lew’s grubby Mosaic Brands group look good.

My wife’s youngest sister recently needed some new slacks for work and drove from outside Mareeba to Cairns and bought some from one of their stores.

They had closed their instore change rooms due to coronavirus but told her she could return them if they did not suit her, which they promptly honoured on the pair that did not fit.

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It sounds like that brand aren’t too fussed on providing a good customer service. As another country person, I buy the vast majority of my clothing and shoes online, and have done so for years. I’ve bought from Myer, David Jones, Sportscraft, Trenery, Yarra Trail, Birdsnest etc etc and many shoe shops, and have never had one return due to not fitting declined for a refund. Occasionally sale items are disclosed as credit only, so I don’t buy these due to fitting issues.
I’d have thought all reputable shops would provide that service, otherwise online clothing shopping would be pointless.

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A question regarding online shopping. What are my rights to a refund on clothing purchased that do not fit (and they are the smallest size) I would like a refund but the store is only offering exchange or refund…within 6 months !

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Could you please advise the type of clothing you are seeking a refund on . Some garments have a none refund policy i.e Some swim wear and intimate apparel .

SPEEDO ONLINE RETURN POLICY IS AS BELOW

ONLINE RETURNS

From time to time, you may purchase a product that doesn’t suit you or simply doesn’t fit.

To provide you with an exceptional shopping experience, Speedo offers you a 90-day Free Returns Policy within Australia on goods that are unused and in a saleable condition. If you believe the goods to be faulty, please read our Faulty Items section below.

To return your product and obtain a refund, please follow these simple steps:

  1. Please fill in this Returns form and we will be in touch shortly.
  2. Attach the postage label and return the item(s) in the same condition it was received and if possible with all packaging
  3. Please note that all products must be in an undamaged, unworn condition with all labels & product swing tags attached for you to be able to return them. All swimwear should be tried on over underwear, and where applicable, without removing the protective adhesive strip. In the interests of hygiene, returns may not be accepted if this strip has been removed or where it is obvious the items have been worn and may be sent back to the customer.
  4. Once we receive your returned goods, we’ll send you an email informing you they have arrived safely. Our Returns Team will then inspect all returns to ensure they are in an undamaged condition.
  5. Our Returns Team will then pass on details for all customer refunds to be processed, minus any shipping costs, as soon as possible. Due to high order volumes, our returns process is currently experiencing delays. Please allow approximately 15 business days for the refund to appear on your bank statement.

Important Note: All products must be in an undamaged, unworn condition, with all labels & product swing tags attached for you to be able to return them. If returned goods do not meet these criteria, a refund will be declined and we will return the products to you.

Registered users can print the postage label, view Return Requests and Status of each Return from My Account. Please ensure you are logged in when you request your Return.

Orders made with AfterPay or Paypal may not be exchanged in-store and must be returned online for a refund.

Please feel free to contact us if you have any concerns regarding the delivery or returns of your purchase.

Notice the proviso for unworn and unused

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Welcome to the Community @meggles58,

I merged your query into this existing topic that covers it. Buying an incorrect size online regardless of whether it is the biggest or smallest or anywhere in between is an area where good merchants will provide refunds, ordinary ones will provide credits, and bad ones will not help you.

Excepting @vax2000’s exclusions, your rights are embodied in the store’s T&C. Which shop is it?

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Hi @meggles58, welcome to the community.

It appears from the information you have provided, rights are likely to be limited and sit outside the Australian Consumer Law. The reason they are limited is purchasing the wrong size is a change of mind and subject to the terms and conditions of the online store you purchased from. This assumes you bought the smallest sized clothing knowing it possibility wasn’t your correct size hoping it fitted.

Notwithstanding the above, if the retailer sold the clothing say as size 12, but in fact they were size 16 when delivered, this is a mistake of the retailer and they would need to resolve. Likewise if the clothes were mislabeled with the wrong size. These two would possibly fit under the ACL.

If you can provide the online retailer’s name as indicated by @PhilT, we can check their change of mind policy like @vax2000 has shown for Speedo, to see what the retailer can offer. A good and reputable retailer may offer exchanges or where exchanges are not possible, store credit or even refunds in some circumstances.

It is worth noting that making a purchase from an online retailer, you have agreed to their T&Cs for the purchase.

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Unfortunately size issues are complex as discussed in this other topic.

If one wears a size 0 and buys a size 0 and the label is a 0 but it does not reflect a 0, there could arguably be a case under the ACL if no size chart was provided, or when the garment does not reflect that size chart. Otherwise the T&C prevail.

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Thanks so much for your reply to my query. The clothing store is Gingham and Heels, an australian shop.
I really expected a size S to be a little large, but someone who is a M would still find this a little oversized.
The 2 jumpers were taken out of the bags the day I received them , Friday 9/4,( I tried them both on just in case one was incorrectly labelled) I immediately organised for the return and have posted them this morning via the returns label sent to me.
My biggest issue is that the return policy gives me 6 months only to spend my credit. Surly they should have a longer credit period than this.

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meggles58

vax2000

1m

Thanks so much for your reply to my query. The clothing store is Gingham and Heels, an australian shop.
I really expected a size S to be a little large, but someone who is a M would still find this a little oversized.
The 2 jumpers were taken out of the bags the day I received them , Friday 9/4,( I tried them both on just in case one was incorrectly labelled) I immediately organised for the return and have posted them this morning via the returns label sent to me.
My biggest issue is that the return policy gives me 6 months only to spend my credit. Surly they should have a longer credit period than this.

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Thanks for letting us who the retailer is.

It appears from the information that you were hoping that the small would fit even though it isn’t your usual size. This would fall into ‘change of mind’. If your usual size was a small and it was significantly bigger than standard small size, it would be considered differently.

As it falls into change of mind, one has to rely on the Gingham and Heels T&C returns policy to see what they say…which is:

Items can be returned within 30 days of delivery for an online credit.
We do not refund for change of mind.

The website is clear that they don’t provide refunds for change in minds…but provide online credit. They are within their rights to do so. Is there anything else in their store which may be of interest and something you would purchase with the store credit? If not, maybe think about giving the clothing away as a present to someone (who you usually buy present for) who you think may like and wear it. This will save you buying a present for them at a later date.

This falls also back to the T7Cs, they state:

Credit notes can be used to make a future purchase and are valid for 6 months from date of issue.

While it is less than some other retailers, it is possible that Gingham and Heels may consider an extension of time on reasonable grounds, if requested (e.g. a good request could be you are waiting for 2021/22 summer summer fashion to be released so you can buy something etc). It may not hurt in calling them and asking if they can provide an extension say to the end of the year.