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Am I entitled to a refund because the jacket is too small?

I received this e-mail recently from a reader with one of the more common consumer queries.

I want to ask You: One week ago i buy in Tom Tailor shop Kilkenny jacket for my son.At home we seen that is to small, but after seven days  when i come back in shop and ask to get back my money for this item they tell me that i cannot get my money , but only must change on another item.Is it right?Or my be you can tell me who can help me.

My response was as follows:

Unfortunately for you, what the shop is telling you is actually correct. If an item doesn’t fit, they’re not obliged to give you a refund.

According to Irish consumer law, you’re entitled to a refund, a repair or a replacement in the following circumstances:

Where the item purchased isn’t of reasonable quality taking into account what they are meant to do, their durability and their price

Where goods are not fit for their purpose – they must do what they are reasonably expected to do

Where the goods are not as described – you must not be mislead into buying something by the description of goods or services

So, where an item doesn’t fit in your situation, or for example if you decide after buying that you don’t like the colour, then you’re not actually entitled to anything from the shop.

They’re actually doing you a favour by offering you the chance to exchange it for something else.

2 comments On Am I entitled to a refund because the jacket is too small?

  • Surely buying an clothing item for a child means that if it doesn’t fit then it automatically is not “fit for purpose”?

  • Unfortunately, Declan, fit for purpose means that the jacket acts and performs like a jacket.

    If the reader had tried on the jacket in the store, before purchasing, they’d have seen that the jacket didn’t fit and picked a bigger size.

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