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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My daughter bought an expensive shirt, wore it three times

Resolved Question:

My daughter bought an expensive shirt, wore it three times and washed it by hand once. The left sleeve now has open
splits in the fabric in a number of places, and the right sleeve has a small 'worn' patch.
The retailler (a oneoff 'wedding gear' shop) says she cannot afford to lose the money on it; will have to send it back to Germany to the manufacturer; in any case the summer stock has gone and cannot be replaced (as requested) and the garment should not be ironed (label says this). I do not know if my daughter ironed the shirt, but even if she has done, their are no faults on the body of the shirt, only the sleeves.
The retailler has not offered any redress, so there is a standoff. what are my daughter's rights here?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
how much did she pay and when did she buy please?
Customer: replied 2 years ago.
Bought on 3rd March (for wedding in August), worn once after that, then the wedding, washed by hand then worn at party. Receipt is in the retailer's hands - about £150 or so. My daughter is a Vicar, very busy and lives away from here - bought five garments on same receipt - a very expensive buy!
Expert:  Jo C. replied 2 years ago.
Do the washing instructions recommend washing otherwise than handwashing?
Customer: replied 2 years ago.
The garment is in the hands of the retailer, but I did see the 'iron crossed out' on the label, meaning do not iron. My daughter is not available at the moment so I do not know if she ironed it or not. I reiterate that the only areas at fault on the garment are the sleeves. There is no splitting on the body of the garment at all.
Expert:  Jo C. replied 2 years ago.
No but there would be problems in some areas and not others.
You need to get to the bottom of the washing instructions. In fairness, it is quite unlikely that there is any prohibition upon handwashing as that just isn't heavy upon garments.
However, if she washed it in accordance with the instructions then the fault cannot realistically lie with her.
In those circumstances, whether the retailer can afford it or not is not her problem. The sale of Goods Act covers her and if there cannot be a repair then there has to be a full refund or an exchange. The retailer can take the matter up with the manufacturer as she wishes but she cannot place her SGA obligations on hold while she does so.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
You have ignored the ironing question - can the retailer still insist it was done wrongly? My point is that ironing or not, the only fault is on the sleeves. Also, if she still will not accept her obligations re SGA what can be done?
Expert:  Jo C. replied 2 years ago.
Yes, they can as I said above.
If she has ironed it then probably they will refuse a remedy on the basis that the fault didn't exist at the time of sale.
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