Law and legal issues are some of the parts that are forgotten about when starting a fashion business but are often the parts that cause the most problems and even getting people into a lot of legal trouble. It’s always important to ask a professional for your particular situation or seek advice for your own country as the law is different. It’s also important to understand that if you are looking to sell your product in different countries through stores or buyers, that you understand the law in the country you sell in. If you are selling via the web then you have to abide by the law in the country you are registered as a company in. The location you are selling from.

In this situation let’s look at something called “Fit for Purpose”. There is some confusion on this as buyers become more aware of their rights and often get their rights confused. So let’s cover the basics for the UK specifically. The law is covered by the 1979 Sale of Goods Act and some of the relevant parts are  stated below along with a link to the full Act online.

The law can sound very complicated, but is simple to understand. Basically, every product when designed, is created with a particular “use” in mind. Meaning the “thing” that will be done with that product by whoever purchases and uses the product. For example, if it’s a swimming costume, it’s designed to go in the water when worn and used to swim in. If it’s a raincoat, then it is designed to be worn in the rain etc

Now for every product, the law says that it must be “fit for purpose” which means that it has to be able to withstand any reasonable conditions or situations that the product is designed for. So if again it’s a swimming costume, a reasonable use is to go in the water and swim with that product on your body as a consumer. If the dye on the fabric runs when a consumer goes in the water, then it is not fit for purpose because every part of that product must be designed for the water as a reasonable use. In the same way, a raincoat will be worn in the rain as  reasonable use of the product, so it needs to be water-resistant as a fabric. Again if the dye runs or the coat is not water-resistant, then it is not fit for the purpose it was designed for.

Now there are a few other things you need to consider. If a seller makes a claim that the product can “do something” regardless of whatever that “thing” is, then it has to do that particular “thing”. For example, most retailers will not claim that a raincoat is “waterproof”, because after a sustained period of time a raincoat will eventually start to allow water to seep through, and if they claim it is “water proof”, that tells a buyer that no water will ever get through the material. It makes a claim that the material is completely waterproof not water-resistant. This is why labelling is so important. Labelling a raincoat as “water resistant” is a reasonable claim, but “waterproof ” is a different claim and would allow the consumer to return the goods or give them legal rights to claim compensation because as a seller you have made a false claim that the product can do something that it can’t.

Now here is where consumers get confused. As I said before, the law applies to reasonable use of a product. That is a slightly grey area but has to be reasonable to the labelling on the product and any claims that you may make, as well as the use that the product was designed for. If a consumer uses a product for something that it was not designed for, or for an unreasonable use, then any problems they may have is not the fault of the designer or manufacturer. As long as the product has made no claim that it can perform in a particular way or do something, then the issue is that of the consumer. So for example, if a consumer buys a coat for the winter, just a normal coat, and they wear that in the rain and they get wet, then that is not the fault of the brand, manufacturer or seller. The labelling or seller has made no claim that it is waterproof or even water-resistant and is not designed to be used in the rain. A reasonable use for a winter coat is to keep someone warm, not dry. So in that situation the consumer is at fault and has no claim.

So in summary, let’s just keep it simple. If you are designing or have a designer for your products, every trim, embellishment, fabric and thread should be appropriate for the use of the product.

• Think about what you are designing.
• Think about how the product will be used by a consumer [ reasonable uses ]
• Think about any changes that you may need to make to the materials or components of the product.
• If you are creating a particular product or a particular use, [ water, sports etc ] make sure the fabrics and products are tested by an independent testing house and that you have the testing reports.

We want to help as many people as possible and without your help, we can’t reach them. So if this post has been helpful to you, then I’d really appreciate it if you share it with others to help them too, using the share buttons below.

If you want to read through the full 1979 Sale of Goods Act, you can find this at the link below and if you want to read a few of the clauses particularly about “Fit for Purpose”, these are listed below and have been taken directly from the government website  http://www.legislation.gov.uk . Click the button below to view more information.

NOTE: MAKE SURE TO CHECK ALL WEBSITES FOR MOST UP TO DATE INFORMATION.

Laws may have changed since this post was written

Sale of Goods Act 1979 UK

http://www.legislation.gov.uk/ukpga/1979/54

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1979 CHAPTER 54

14  Implied terms about quality or fitness.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term]about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a)which is specifically drawn to the buyer’s attention before the contract is made,

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

[F13(2D)If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

(2E)A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that—

(a)at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,

(b)before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or

(c)the decision to buy the goods could not have been influenced by the statement.

(2F)Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A) above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would have been such a circumstance apart from those subsections.]

(3)Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—

(a)to the seller, or

(b)where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,

any particular purpose for which the goods are being bought, there is an implied [F11term] that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

(4)An implied [F11term] about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(5)The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

[F14(6)As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.]

(7)Paragraph 5 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before the appointed day, and paragraph 6 in relation to one made before 18 May 1973.

(8)In subsection (7) above and paragraph 5 of Schedule 1 below references to the appointed day are to the day appointed for the purposes of those provisions by an order of the Secretary of State made by statutory instrument.

Amendments (Textual)

F11Words in s. 14(1)(3)(4) substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(5)(a) (with s. 8(3)).

F12S. 14(2)(2A)-(2C) substituted for s. 14(2) (3.1.1995) by 1994 c. 35, ss. 1(1), 8(2) (with s. 8(3)).

F13S. 14(2D)-(2F) inserted (31.3.2003) by S.I. 2002/3045, reg. 3(2)

F14S. 14(6) substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(5)(b) (with s. 8(3)).

Modifications etc. (not altering text)

C1Power of appointment conferred by s. 14(8) fully exercised: 19.5.1985 appointed by S.I. 1983/1572, art. 2

Section 14: quality or fitness (i)

5 In relation to a contract made on or after 18 May 1973 and before the appointed day, substitute the following for section 14:—

“14Implied terms about quality or fitness.

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2)Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—

(a)as regards defects specifically drawn to the buyer’s attention before the contract is made; or

(b)if the buyer examines the goods before the contract is made, as regards defects which that examination ought to reveal.

(3)Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller’s skill or judgment.

(4)An implied condition or warranty about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(5)The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

(6)Goods of any kind are of merchantable quality within the meaning of subsection (2) above if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances.

(7)In the application of subsection (3) above to an agreement for the sale of goods under which the purchase price or part of it is payable by instalments any reference to the seller includes a reference to the person by whom any antecedent negotiations are conducted; and section 58(3) and (5) of the M7Hire-Purchase Act 1965, section 54(3) and (5) of the M8Hire-Purchase (Scotland) Act 1965 and section 65(3) and (5) of theM9Hire-Purchase Act (Northern Ireland) 1966 (meaning of antecedent negotiations and related expressions) apply in relation to this subsection as in relation to each of those Acts, but as if a reference to any such agreement were included in the references in subsection (3) of each of those sections to the agreements there mentioned.”

Marginal Citations

M71965 c. 66.

M81965 c. 67.

M91966 c. 42 (N.I.).

Section 14: quality or fitness (ii)

6  In relation to a contract made before 18 May 1973 substitute the following for section 14:—

“14 Implied terms about quality or fitness.

(1)Subject to this and any other Act, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of sale.(2)Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose, except that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose.(3)Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not), there is an implied condition that the goods will be of merchantable quality; but if the buyer has examined the goods, there is no implied condition as regards defects which such examination ought to have revealed.(4)An implied condition or warranty about quality or fitness for a particular purpose may be annexed by the usage of trade.(5)An express condition or warranty does not negative a condition or warranty implied by this Act unless inconsistent with it.”

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