fashiono.my

Dec 1, 2009

Complaint letter #1

complaint letter | Fashionomy

photo credit

We’ve received a complaint letter from Foong Jin who bought two preloved dresses from Gorgeous by Shashaari and was disappointed to find out that there were oil stains, a hole, furring and other defects on both items. Fashionomy contacted the owner of Gorgeous by Shashaari to clarify the matter and received a reply. 

Buyer’s complain:

Last week, I bought 2 dresses from a preloved blogshop http://gorgeousbyshashaari.blogspot.com/. In the course of enquiry, I specifically ASKED her if there were any furring or defects on the items, to which she answered “No defects”.

However, when I received it, I was so disappointed to find oil stains, a hole and furring, among other defects on both the items.

Naturally, I requested for a refund, as goods that were delivered were not as promised and this amounts to a misrepresentation. However, she turned around and claimed that “I don’t mean to be rude but I sell preloved stuff. Which means they are used. So there will be fraying, material elasticity loss and also minor discolouration. This is all due to washing. I did tell u how many times I used the dress and frankly when u buy preloved stuff u must ready to accept the minor setbacks as I am selling it for 80% cheaper of the normal price.”

I further replied that she herself has stated that the goods have no defects, and I believed that, which was why I was so disappointed when I received them. Isn’t it convenient of her to remember telling me how many times she has worn them, but forgetting the part where she said there’s no defects?

Frankly, I do not believe her words as well. She said the pink one was only worn once, but there’s a tear/hole in it already? Even my pyjamas which are worn and washed daily does not have any holes in them!



As stated above, I did reply to her email, however, she has ignored my reply which led me to write to you to seek your help. I hope that you all can post up a warning on your blog for other blogshoppers against believing and buying from her, because she is obviously not an honest dealer. Furthermore, she claims on her blog’s sidebar that she “only wear my dress once and thus, it is all in good condition”. This is obviously untrue as proven.

Thank you very much for your time and assistance in this matter.

Regards,
Foong Jin, KL

Seller’s reply:

The seller believes that she had done she part by revealing the number of times she had worn the item and giving the buyer extra photographs as per requested. 

Seller’s response

She also said that there is a clause in her blogshop which states that goods sold are non-refundable and exerts that buyer’s also have their obligations.

One of Gorgeous by Shashaari terms and conditions




In Shaari’s last mail to Fashionomy, she emphasised that she doesn’t sell bad stuff and that she will tell her customers the number of times she had worn her dresses even though there’s a sentence in her blogshops stating that ‘I only wear my dresses once’. She also added that she has many happy customers and returning ones.

What do you think?

Whose fault do you think this is? Do you think that the buyer is being unreasonable, the seller is being dishonest or do you think it was all an unfortunate misunderstanding?

edited: we added further replies from both the buyer and seller

Related posts:

  1. Complaint letter #3
  2. Complaint letter #2
  3. The Online Shopping Dictionary: frequently used terms in blogshops
  4. I hate to shop online because… #2
  5. How to shop at blogshops?

Category: Letters

Tagged: , ,

  • Carmie
    Oh, well i also own a pre-loved blog and i personally thinks that it's best that buyer's inquire on the items before placing an order to avoid dispute later. Seller also must be honest and checked through the clothes before selling it. Of course, is quite hard to check every stitch and thread on the clothes but major ones like stains, holes, torn parts can be easily spotted. It's best that seller take near shots on the clothes from different angles so that buyer's can see for themselves. I myself buy from other pre-loved blogs as well and i once got disappointed also. I bought a tube top but the elasticity is gone and eventually i can wear it as a skirt. And yet the seller claimed that she only worn it once. I mean honestly, unless when you wore it, you stretch from one end til e other then perhaps it explains why the smocked part is loose. I didn't expect the pre-loved items to be in SUPERB condition but at least wearable. As in this case, i think both buyer and seller has their own side of the story and i'm in no where to judge them. Just hope that cases like this will not happen again. =)
  • Carmie
    Oh, well i also own a pre-loved blog and i personally thinks that it's best that buyer's inquire on the items before placing an order to avoid dispute later. Seller also must be honest and checked through the clothes before selling it. Of course, is quite hard to check every stitch and thread on the clothes but major ones like stains, holes, torn parts can be easily spotted. It's best that seller take near shots on the clothes from different angles so that buyer's can see for themselves. I myself buy from other pre-loved blogs as well and i once got disappointed also. I bought a tube top but the elasticity is gone and eventually i can wear it as a skirt. And yet the seller claimed that she only worn it once. I mean honestly, unless when you wore it, you stretch from one end til e other then perhaps it explains why the smocked part is loose. I didn't expect the pre-loved items to be in SUPERB condition but at least wearable. As in this case, i think both buyer and seller has their own side of the story and i'm in no where to judge them. Just hope that cases like this will not happen again. =)
  • Itaro
    By indicating that there is "No defects", it would indicate a case of fraudulent misrepresentation on the seller's part Shaari (S). S has stated no defects as a false statement of fact in the course of negotiations that induced Foong Jin (F) into entering the contract, F also relied on the statement to enter the contract as there was no feasible means for F to ensure the quality of the goods aside from pictures sent by S which can be altered.
    Furthermore, S has also incited "half truths" where she tells of how many times she wears her used clothing but fails to mention any defects in them. The mention of no. of times that the clothing is worn bears no correlation to the amount of damage that the used clothing will sustain.

    As fraudulent misrepresentation is a statement made dishonestly, knowing it to be untrue or being reckless whether it was true or not, F (misled party) is allowed to cancel the contract and claim damages under the Tort of Deceit by law. The misrepresentor (Shaari) can also be prosecuted for crimes of cheating if reported to the police if F chooses to take criminal charges against S.
    However if this is to remain a small matter, F may also go to the Small Claims Tribunal (CASE in Singapore) and file claims against S for a small admin fee.

    S also indicated her Exclusion Clause which is "Goods sold are not exchangeable or refundable". For misrepresentation, this exclusion clause it rendered invalid and S may not use it as a defense under the Unfair Contract Terms Act (UK, 1977).

    There is also a grammatical error in S's terms and conditions but as to whether it will affect the impact of the terms and conditions, I am unsure.

    This is only my opinion and analysis from the info that was provided above. I bear no responsibility for any loss or damage, howsoever caused, if the above mentioned is used without my knowledge.
  • Itaro
    By indicating that there is "No defects", it would indicate a case of fraudulent misrepresentation on the seller's part Shaari (S). S has stated no defects as a false statement of fact in the course of negotiations that induced Foong Jin (F) into entering the contract, F also relied on the statement to enter the contract as there was no feasible means for F to ensure the quality of the goods aside from pictures sent by S which can be altered.
    Furthermore, S has also incited "half truths" where she tells of how many times she wears her used clothing but fails to mention any defects in them. The mention of no. of times that the clothing is worn bears no correlation to the amount of damage that the used clothing will sustain.

    As fraudulent misrepresentation is a statement made dishonestly, knowing it to be untrue or being reckless whether it was true or not, F (misled party) is allowed to cancel the contract and claim damages under the Tort of Deceit by law. The misrepresentor (Shaari) can also be prosecuted for crimes of cheating if reported to the police if F chooses to take criminal charges against S.
    However if this is to remain a small matter, F may also go to the Small Claims Tribunal (CASE in Singapore) and file claims against S for a small admin fee.

    S also indicated her Exclusion Clause which is "Goods sold are not exchangeable or refundable". For misrepresentation, this exclusion clause it rendered invalid and S may not use it as a defense under the Unfair Contract Terms Act (UK, 1977).

    There is also a grammatical error in S's terms and conditions but as to whether it will affect the impact of the terms and conditions, I am unsure.

    This is only my opinion and analysis from the info that was provided above. I bear no responsibility for any loss or damage, howsoever caused, if the above mentioned is used without my knowledge.
  • Nikki
    Obviously, i think the seller's being sheer dishonest.
    Imagine how disappointed the buyer will be when she receives a defected stuff.
    It ain't feel good!
  • lee mei
    guest2: not everyone is mean and evil... i think both sides should take responsibility.....
  • guest2
    It's not a matter of whether it is pre-loved or not. The seller initially stated that there was NO DEFECTS. The question at hand here is whether the seller is trustable or not. True enough there might be other happy customers but has anyone ever considered the thought 'I need to get rid of these, might as well con someone and since I have a good track record, no one would believe them'.

    Think about it, no matter how good a person is, there is always an evil side to them.
  • Rara
    Although seller did stated the item is pre-loved, but it doesn't mean that it has to be in unwearable state. Unwearable = holes - who will be willing to pay for clothes which has hole?
  • guest
    i think its sort of a misunderstanding there. if u cant accept any defects at all from the things u buy from a preloved blog, dont buy at all. opt for new stuff, dear seller. :)
blog comments powered by Disqus

Bagskaki

Diva Darling

I Love Bazaar

Club Mod

Advertise here

Shopping Guide

Malaysia's Blogshops Online Shopping Directory
Online shopping review blogs
Online Shopping Directories
Sales

Basic online shopping guide
1. Online shopping dictionary
2. How to shop at blogshops?
3. How to make payment using Maybank2u.com





Advertise here

Advertise here

Peter Pater

Join Us

fashiono.my on Twitter Follow @fashionomy on Twitter
Become a fan on Facebook
fashiono.my  Subscribe via RSS
fashiono.my: an online shopping guide and fashion review site for Malaysians
To link to us, copy the following code and paste it appropriately: