I ordered a dress on a marketplace, tried it on at home - turned out it was too small. The seller says returns are only for defective items. But I haven't worn it, everything's fine with it. What are my rights under the law?
Check the offer agreement on the marketplace and the seller's terms - they often specify whether they accept returns for sizing issues with clothing or not, and this can differ from general law. If the terms allow a return, demand it in writing (through the marketplace chat, not over the phone), with photos of the item in its original condition - that's your backup in case they later nitpick about its state. If the seller flat-out refuses, file a complaint with the marketplace support: most platforms require sellers to honor the 14-day return right for goods in proper condition, even if it just didn't fit.
Under consumer protection law, you have the right to return an item of satisfactory quality within 14 days, even if it just doesn't fit - no defect needed :) The seller has to accept the return if the item hasn't been worn, looks new, and has the tags on. The only exception is that certain items by law can't be returned, but a dress isn't one of them. Send a claim through the marketplace with a reference to Article 25 of the Consumer Protection Law - that usually works faster than arguing with the seller directly.
That's right, but there's an important nuance: the right to return goods of proper quality only works if you haven't worn them and they're in proper condition (no signs of use, with the tag and packaging intact). Marketplaces often add their own conditions on top of the law, but that doesn't override your basic rights - the seller is obligated to accept the return even if their policy doesn't mention it. The main thing is that the dress really wasn't worn for long and looks like new.
Is the item in its original packaging with the tag still attached, or has it already been opened?
Because that's the key thing here - lots of marketplaces and sellers protect themselves by adding exclusions for clothing and footwear to their terms! By law you really can return an item of proper quality within 14 days, but some categories might be excluded from that right. You need to check the specific return conditions on the platform and with that particular seller - sometimes special rules apply to underwear, clothing, and shoes!
If the return is formally allowed though, the main thing is proving you actually haven't worn it! No signs of wear, no defects, no stains, no wrinkles. The tag should be intact, the packaging in good condition. If everything's clean, then the seller's complaint is unfounded, and you can file a complaint with the marketplace. Usually the platform sides with the buyer in cases like that!
The main thing is that the item must be in a condition suitable for resale. A dress with the tag removed, with visible signs of trying on (creases, stretching, odors) can be refused for return even if consumer protection laws exist. But if the thing really hasn't been worn (tag intact, wrinkles only from packaging), then you have every right to return it within 14 days - this applies to any item of proper quality, not just defective ones.
Keep in mind that many marketplaces add clauses to their user agreements excluding clothing and shoes from standard returns. Check the terms of your specific platform and the rules of the particular seller. If they insist on returns only in case of defects, this could either be their personal rule (which contradicts the law and has no force) or a marketplace condition.
If you can't resolve disputes directly - file a complaint on the marketplace itself or with Rospotrebnadzor. Usually platforms react to this.
Don't fall for the "only if defective" excuse - that's a trick. Consumer protection law gives you 14 days to return clothing of acceptable quality just like that, as long as you haven't worn it and it still has the tag. The key thing is the dress has to look like it's never been tried on, with no signs of trying it on like perfume smell or creases.
Take a screenshot of the conversation where the seller refuses the return and contact the marketplace support - they mediate and often side with the buyer. If the marketplace doesn't help, you can always file a complaint and report it to Rospotrebnadzor.
Is the dress unworn with the tag still on and in its original condition? If yes, then under consumer protection law you have the right to return it within 14 days, even if it's just a size issue - that counts as being in proper condition 😊
True, some marketplaces and sellers do add restrictions specifically for clothing in their terms, like they only accept returns for defects. If that's stated in the seller's conditions that you saw when you placed the order, a court might take that into account. But if there were no such conditions or they contradict the law - go ahead and demand a refund, and if worst comes to worst, file a complaint right on the marketplace.
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