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Kirsty
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Topic: Is it right Posted: 07 July 2010 at 3:54pm |
Hi All,
Recently I purchased some merino clothing from an online shop as we were going on holiday to a frosty destination. Unfortunately on arrival the clothing advertised for a 6 month old did not fit my 4 month old. I returned it very quickly in the same condition and purchased some merino from a retail shop as I didn't have time to go back and forth with sizing pre holiday. Now the online shop refuses to refund my money as they say I changed my mind which of course I didn't (I didnt' return all items just the ones that didn't fit). They say as it was on sale there are no refunds. This I did not know until after purchase. She did offer a larger size but I couldn't go back and forth and didn't expect this debacle. She says there is a store credit but I don't want any more merino it was only for the holiday and I purchased the other items elsewhere of which she knows. Do you think this is right?
Edited by Kirsty
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RinTinTin
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Joined: 04 February 2009
Location: Waikato
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Posted: 07 July 2010 at 3:59pm |
I'm pretty sure they have the right to exchange if they want to. But don't quote me on that.
The Consumer website should have the answer for you.
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clover
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Posted: 07 July 2010 at 4:01pm |
As far as I am aware it is no different to buying from a retail store in that buying the incorrect size is not grounds for a cash refund. I think they are within their rights to only offer you an exchange or store credit.
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E&L+1
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Posted: 07 July 2010 at 7:49pm |
I would say they are in the right. I had the same issue with merino from a retail store and they said the would swap it for a bigger size or I could get a store credit.
I even took in some other items of clothing to show them the difference in sizes as I had asked their advice on sizing and they had assured me it would be a good fit. (I didn't have Esme with me at the time)
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HuntersMama
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Posted: 07 July 2010 at 8:14pm |
I think I know who you are talking about - I had the same problem. The hoodie that was meant for a 9 month old was super tight on DS when he was about 3-4 months and hes not huge. He wore it then, but I really wanted it for when it got cold. Same thing with the AIO. I didnt bother contacting them and I probably should have.
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RinTinTin
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Posted: 07 July 2010 at 8:20pm |
Wonder if it's the same one I bought stuff from now?
I bought size 00 stuff when he was still fitting 000 things and the 2 AIO's only just fit and are now in a box and the other stretch and grow never fit him. The pants on their own fit for awhile but not for nearly as long as they should have.
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Richie
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Posted: 08 July 2010 at 8:42am |
Yea unfortunately they only have to give you a credit. The only situation when you are able to get a cash refund is if the goods are faulty and they cannot be repaired and you cannot be given an equivilent (sp?) replacement.
I had the same issue with a wee outfit I bought for Isla. It was a bodysuit and mtching skirt and I bought size 6-9 months with the intention she could wear it in the spring/summer months..... well we got it and the body suit wouldn't do up around her bum and the skirt wouldn't come up over her thighs! It was TINY! Looked like something you'd put on a doll! I kicked up a stink saying how they didn't make any note of the small sizing on the website so I should get a refund as there was nothing else I wanted but nope. I only got a credit. It's a stupid rule but unfortunately, they are within their rights.
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MyLilSquishy
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Posted: 08 July 2010 at 9:58am |
do you have a friend that wants to buy some merino? maybe if you got a store credit to the value, then you friend gave you the cash for the store credit? so you wont be out of pocket, but they can buy the merino from there? could you get some hugely oversized stuff for next winter? or just get some bigger stuff for the end of this winter? or if you have friends that are having babies that you were planning on buying a pressie for anyway, just get a diff size?
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Kirsty
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Posted: 08 July 2010 at 3:39pm |
Thanks for your comments. I agree it's probably more a moral right (in my eyes) than by law.. After purchasing another merino brand I see there is a quite difference in quality and a sizing. I guess you get stung and don't go back. Their loss, no referrals and I'll not speak a good word about them.
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yermasyada
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Posted: 08 July 2010 at 3:59pm |
I think I might know which store you bought from, and if I'm right, I had terrible trouble with their customer service. The order took over a month, so I asked them to change one of the tops to a larger size, which they agreed to, but then still sent out the smaller size  They have now sent the larger size, plus a pre-paid courier bag, so it all worked out OK, but it was such a hassle, I wouldn't use them again or recommend them.
Their sizing is really small and seems to differ from item to item, although I do think it's actually really nice quality, which is a shame.
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jaz
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Posted: 08 July 2010 at 5:53pm |
I am not sure that it is legal to only tell you there are no refunds on sale items after you have made the purchase. I would go back to them and explain this to them, tell them you needed it for a specific weekend and there was not time to return the goods and receive the exchanged items.
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Kirsty
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Posted: 08 July 2010 at 8:24pm |
Hi Jaz, it was on the site under some condition or something so if I looked through it I would have found it first, pre this purchase I didn't read through the 'terms and conditions' never had to. I did explain to her that it was only for our trip and that I didn't have time to muck with sizing, hence buying from an actual shop in the end, and she didn't care. It sounds as though this has happened to a few people so far. If someone is interested in buying merino, PM me and I'll send you the emails and you can make up your own mind on whether you would want to deal with her. I guess it's not proper to name the company outright though. And hey I might be wrong, you can judge for yourself if you read the emails.
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