Incorrectly Advertised Item - Am I Eligible for Exchange?

[Deactivated] on 19/09/2016 - 12:30
Last edited 19/09/2016 - 15:07

I just received a parcel from the Carhartt WIP online store, having ordered a pair of jeans from their "sale" category. They turned out to be the incorrect size, supplied in length 32" (I thought the regular/standard is 34" inseam).

Anyway, having perused other items and noted that most were being sold as 32", I decided to screen capture & download a copy of the item listing page (just in case), which did NOT indicate they were anything but regular length jeans in my size. Absolutely no reference or indication, in fact there are numerous other listings on their website (for full price items) that do not indicate the inseam length.

To add insult to injury, upon receiving them today, attached to one of the tags is a sale sticker marked $59.95, however I paid the asking price of $99.95 online! Fuming!

From a consumer law perspective am I within my rights to demand a) the correct size pair of jeans in the correct length, given that's what I thought I was getting given the available informarion at the POS and b) at the price marked on the tag, therefore receiving a $40 refund.

General Discussion

Comments

  • Cheap Charlie on 19/09/2016 - 12:56
    +3

    I note you have made no reference to contacting the supplier?
    Taking to OZB in the manner you have suggests you thrive on drama.
    http://www.carhartt-wip.com.au/bottom-links/returns-exchange…

    • mskeggs on 19/09/2016 - 13:29
      +1

      And where would we be without some unnecessary drama to leaven our day?

      • Cheap Charlie on 19/09/2016 - 13:48
        +1

        Forced to wait till 7:00pm when Home & Away starts… ;-)

      • Cheap Charlie on 19/09/2016 - 14:52
        +3

        Hey jackass, note the section of the page you linked which states, unequivocally, "No refunds or exchanges on sale items under any circumstances".
        Thanks for stopping by.

        Wow, triggered.
        You will not get any were with that attitude.

        If you contact the supplier noting your concerns you may be surprised to find they are willing to work with you.
        If you approach them with an attitude, expect to only receive their advertised policy.

        • Cheap Charlie on 19/09/2016 - 15:40
          +1

          @Sir Casm:

          but would like to be armed with facts should there be a dispute.

          Excellent, if this was the case would your original post not simply contain facts?
          I would suggest you would have expelled a lot less energy contacting the supplier directly first.
          In the event you did not achieve an acceptable result, invest your time and energy into determining your rights as a consumer.

          To add insult to injury

          Fuming!

  • fruit on 19/09/2016 - 13:12

    You can get a) but not b) you unless they advertised it to you at that price and charged you wrong.

    • [Deactivated] on 19/09/2016 - 14:44

      Thanks mate, as I expected, and am satisfied with. It would be a bit cheeky to expect a refund too, still I'm slightly salty at knowing they tried to sell it for 40% less, failed and then managed to get a higher price!

      • Cheap Charlie on 19/09/2016 - 14:47

        still I'm slightly salty at knowing they tried to sell it for 40% less, failed and then managed to get a higher price

        Raise the issue with them, you may be surprised.

  • mskeggs on 19/09/2016 - 13:29
    +1

    I thought 32 was regular, 30 was short and 34 was long.
    Have you a link to Carhartt showing 34 is regular? Best to check before you go yell at them.

    • dasher86 on 19/09/2016 - 14:19

      I've worked in high end fashion retail and 32 at least in the brand i worked for was regular.

      • [Deactivated] on 19/09/2016 - 14:45

        It being a US brand, my understanding was 34 is regular (also I did not neg you).

        • dasher86 on 19/09/2016 - 14:46
          +1

          The brands i worked for were US.

        • [Deactivated] on 19/09/2016 - 14:49

          @dasher86:

          Ok too easy, thanks for the knowledge.

      • mooney on 19/09/2016 - 15:00

        I agree with dasher86 and mskeggs.. I have spent over 20 years in retail buying in UK and OZ and 32 is benchmarked as Regular leg length for men.

        • [Deactivated] on 19/09/2016 - 15:07

          Fixed the OP.

        • mooney on 19/09/2016 - 18:31

          @Sir Casm: yeah but your post still implies you bought 32 by your mistake. In that instance the issue is on you.

          The reduced price label would piss me right off though.

  • Ughhh on 19/09/2016 - 22:33

    So since 32 is the regular size, unless it was advertised to be 34, nothing is incorrectly advertised. You can assume whatever you like, does make you correct.

    The sale price tag would be annoying, but your transaction/contract you agreed to was $99.95.

    So in conclusion, you have every right to ask, but afaik they're not legally obligated to refund or exchange for change of mind.

  • theHMASfriendship on 20/09/2016 - 08:34
    +1

    Have you tried shouting at the problem?

  • HeWhoKnows on 20/09/2016 - 11:58

    All purchases within Australia are protected by Consumer law. All web sites selling clothing normally have no problem exchanging or accepting returns for items that don't fit so long as they still have the tags and have not been worn. Normally you pay the return freight. At the end of the day you need to check their policy on returns and refunds. Nearly ALL retailers don't accept returns for sale/clearance items unless they are faulty/damaged in some way and this is basically the law anyway.
    If you made a mistake in selecting a garment its your problem.
    Best thing is to get back in touch with the merchant instead of asking here. Quoting what people say here wont get you anywhere. If unsure, ask Dept of Fair trading for advice.

    • [Deactivated] on 20/09/2016 - 12:07

      Thanks for the input - yes I was fully aware of the terms of sale, but given the lack of information provided I took a screencap of the item listing - I am hoping that this may provide some leverage, should the retailer not agree to an exchange based on what has happened (and despite them clearly stating "no returns under any circumstances).

      Again, I have contacted the merchant, I await a reply, and I do not intend to quote the wisdom gleaned from OzBargain (including the insight into my personality that was provided without me even having to ask), I merely wanted to enquire as to my rights & obligations under consumer law from impartial third parties.

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