Purchasing clothes has today become a common daily transaction. Like with any other products bought, clothing, being it a dress, shirt, trousers or blouse, must be of satisfactory quality, as described, and fit for its purpose. More specifically this means that it must be fit to be worn, the seams should not be coming apart or the material flawed. In case you are buying something waterproof, like a raincoat or a pair of boots, these must fulfil this particular purpose.

In a situation where the item of clothing bought does not meet any of these conditions, as a consumer you are entitled for compensation. If the fault is only minor and can easily be repaired it is reasonable to accept a repair. However, this won’t stop you from claiming a replacement or refund if the repair turns out to be unsatisfactory. A repair should be carried out within a reasonable period of time and without causing you any significant inconvenience.

Replacement or monetary compensation should be asked for where a repair is not possible or acceptable. When you request a refund of the money paid and the item has been worn more than a few times, the trader may make a reduction from the price you paid to allow for the use you have had from the clothing.

However, it should be kept in mind that the above mentioned rights do not apply if the item simply does not fit or you changed your mind. You also do not have any rights if you have selected the wrong clothes for a particular use. Before complaining you must also be certain that the fault was not caused by misuse, an accident, normal wear and tear, or by not following the care label.

A successful complaint needs to be backed up by proof of purchase and ideally this proof is the fiscal receipt. So, do not throw away any receipts before making sure that what you bought has no hidden defects. If you do not have the receipt you will need to provide as proof something exclusive to one shop, or the package that shows where you bought the item. Remember that it is up to you to show where and when you bought the clothes.

Upon discovering that the item bought is defective the first thing to do is to contact the trader and report the problem. Ideally you complain personally and take with you the item, the packaging if still available and the receipt. If you cannot take the clothes back to the shop, either phone or write to the trader. If you write, briefly set out the problem and ask the trader to get in touch with you. In your letter include a copy of your receipt but do not send originals.

When you complain always ask to speak to the manager or the owner. Make it immediately clear what kind of compensation you want, a repair, replacement or refund. However, check your rights first and do not demand something you are not entitled to. If there is doubt about your claim the shop may want to send the clothes to their head office or to the manufacturers for examination. They are entitled to do so but ask how long this process will take. Keep in mind that the clothes must come back within a reasonable length of time and without causing any significant inconvenience. If you feel you are entitled to a replacement or refund make it clear that the clothes are not to be repaired without your consent.

If the trader offers to do something, but not what you have asked for, you can either accept the offer or negotiate a better offer. If the trader makes a final offer you are not prepared to accept then you should refuse it and register a complaint with the Consumer and Competition Division for mediation. Should mediation result unsuccessful then you can opt to take your case in front of the Consumer Claims Tribunal.

Odette Vella is Senior Information Officer

Consumer and Competition Division

This article is intended for information purposes only. Any legal claim or action taken in the event of a dispute should be based solely on the legal texts concerned. For further information one can contact the Consumer and Competition Division on Freephone 8007 4400.

Important tips to keep in mind

· Like any other product bought, clothing must be of satisfactory quality, as described and fit for its purpose.

· As a consumer you are entitled for repair, replacement, or refund if the product bought turns out to be defective or not as described.

· Do not demand a compensation you know you are not entitled to.

· Consumers have no right for compensation if the item does not fit or they simply changed their minds.

· A successful complaint needs to be backed up by proof of purchase, which ideally is the fiscal receipt.

· Always address your complaint to the manager or the owner of the shop.

· If the compensation offered by the trader is not satisfactory do not accept it because if you do you lose the right for further compensation.