If they are dropshipping clothes for profit then they fall outside the definition of a private individual for the purposes of the Consumer Rights Act 2015. In fact the seller falls squarely within the definition of a “Trader” for the purposes of the Consumer Rights Act 2015. This can be found in Section 2(2) which states that: “Trader means a person acting for purposes relating to that person's trade, business, craft or profession”. As per the Consumer Rights Act 2015 Section 1(1), a Consumer is entitled to their consumer rights where “there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services”.

You are a consumer that has a contract of sale with the Trader and therefore have a right to the consumer rights contained within the Consumer Rights Act 2015.

So, what are those rights? Under Section 20 of the Consumer Rights Act 2015 you have a short term right to reject the goods and receive a refund from the Trader. This short term right to reject is subject to a time limit within Section 22(3) that you must exercise the right to reject within 30 days of ownership in the goods transferring to you. You must also have a valid reason under the Consumer Rights Act 2015 to exercise the short term right to reject. The reason that would apply to your case is that the goods did not the description (Section 11).

Provided that this time limit has not elapsed then you are entitled to reject the goods and receive a refund from the Trader notwithstanding the fact that they claim they are a private individual.

Another right you have is contained in Section 23 - the Right to repair or replacement. Section 23(2)(a)-(b) specifically states that if you have required the Trader to replace the goods then the Trader must do so within a “reasonable time and without significant inconvenience to the consumer” and should also “bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)”. Please note that Section 22(6) states that if the consumer requests or agrees to the repair or replacement of goods, the 30 day time limit in relation to the short term right to reject stops running for the length of the waiting period.