The Colony, TX asked in Consumer Law for Texas

Q: Company advertises a certain fabric makeup, but sends a product with a different fabric makeup. Is this legal?

MeUndies claims their underwear contains "92% MicroModal® 8% elastane", but the label printed on the fabric claims "78% Polyamide and 22% Elastane". Support claims it was a misprint.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: No. Upon receipt of the product, the buyer has the right to reject the underwear as "non-conforming" because it does not conform to what the seller represented. The seller should refund the purchase price.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: No. Upon receipt of the product, the buyer has the option to reject the underwear as "non-conforming" because it does not conform to what the seller represented, and the seller should refund the purchase price. The buyer should do so as soon as possible after receiving the product. Otherwise, the buyer could be deemed to have accepted the underwear despite the non-conformity, which the buyer also has the option to do.

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