Confused over shop policy

yaya26

Hi

I was wondering if anyone could advise me.

Two weeks ago, while on a trip, I purchased two pieces from a sale rail in a small boutique. These items were for a relative.

When purchasing the items I was chatting to the owner, I was worried that the clothes might not be suitable for the person I was buying for. Before purchasing I asked the owner if this was the case could I return the goods. She said as they were sale items there would only be an exchange – no refund – I was happy enough with this offer and I bought the goods which still were quite expensive. She did not mention any time limit on the return of goods.

The clothes were not suitable for the person I bought them for. I checked the receipt and literature supplied with the receipt for the stores return policy. On the receipt it mentioned no refunds on non-faulty goods and exchanges only on sale goods – again no time restrictions were mentioned.

I live quite a distance from the store where I bought the goods but I thought to be on the safe side I thought I better return the goods within fourteen days.

I returned to the store with the goods, again I was met by the owner. I produced my receipt and explained politely that the goods were not suitable and asked if I could exchange them for something else of the same value. She said she would not exchange the goods as they were sale goods, the sale was over and it had been over seven days from purchase. I pointed out that she hadn’t mentioned the seven day policy when I bought the goods. She became quite unpleasant in front of other customers. She argued that it was clearly printed on the receipt. I told her that there was no mention on the receipt about the number of days and presented the receipt to prove this. She then said it was supposed to be printed on the receipt but she had ran out of characters – for some bizarre reason she offered to ring the man who had installed her till to get him to explain about the number of characters allowed on a receipt and said that wouldn’t be necessary.

She pointed to a small framed postcard on the cluttered counter which outlined a seven day return policy. I said that I probably like most customers had not noticed that sign – She said I should have read this notice as that was it was there for. I said I had assumed that that to return goods within 14 days was widely acceptable. She responded that I should have rang to clarify her returns policy and that as hers was a small business she couldn’t offer 14 or 28 policy offer by large organisations and that she couldn’t just have people walking in returning goods.

I pointed out that I was not looking a refund or credit note but an exchange and that on the day of purchase she had not mentioned her seven day policy and this was not printed on the customer receipt or literature. She responded that everyone knows its buyer beware during sales. At this stage I walked out.

I was quite embarrassed by how confrontational and patronising she was.
I was wondering if anyone could tell me who is in the right here?

Oryx

I suppose, strictly speaking, she is. A store is not obliged to take back non-faulty goods at all, no matter what the circumstances. Most stores however, offer a return facility as a courtesy. What shes doing may be very bad customer relations, but I doubt you have any comeback with her.

brian_rbk

Legally shops do not have to exchange or refund goods unless there is something wrong, ie. they are not of merchantable quality.
If the goods were not suitable, most stores would simply give credit for the current value of these goods.

It seems that this retailer does not value their customers and are quite willing to lose one over something so trivial.

jor el

Consumer Connect has some information that might be useful. The important it to note would be this:

You're not entitled to redress if you change your mind

Take your time before making a decision, because the shop is not legally required to provide you with a replacement or refund if you simply change your mind after the transaction is complete.

Don't be afraid to ask what the store's returns policy is before you make a purchase.

So that pretty much means you are out of luck as there is no legal requirement for the shop to refund at all, the 7 day policy is offered here was at the owners discretion. It does suck that she won't budge on it and that the policy wasn't printed properly, but there doesn't need to be one at all so not a lot you can do I think.

Doctor DooM

A horrible situation and I sympathise, but sadly the above is correct.

The only thing I would say you could do in this situation is make yourself a nuisance to the owner- ring every day about, complain, on forums and phone in shows etc until it becomes less bother for him to just replace them for you...

That said, legally, he is in the right.

Oryx

SDooM wrote:

The only thing I would say you could do in this situation is make yourself a nuisance to the owner- ring every day about, complain, on forums and phone in shows etc until it becomes less bother for him to just replace them for you

I wouldnt. This shop is in the right, legally if not quite morally. As a retailer, Id be more inclined to bar someone who did that than ever want them as a customer again. Being nice works both ways. Not in this case unfortunately, but its that retailers loss.

cgarvey

I would take the view that the return for exchange (if not suitable) oral contract formed a basis for the sale, and that it's quite reasonable to expect to be able to return the goods, as agreed, within 14 days, as there was no attempt to bring the short 7-day period to the attention the OP (either by pointing to the sign, orally, or on the receipt). I'd certainly be going to the small claims court (with a photo of the location of the sign, to prove it was out of general view).. assuming this is within Ireland.

The legal right of the shop being mention above a couple of times, IMO, has been negated by the oral agreement.

brian_rbk

cgarvey wrote:

The legal right of the shop being mention above a couple of times, IMO, has been negated by the oral agreement.

This maybe so, but its your word against theirs!

chrislad

You have to bear in mind that this was a boutique also. Clothes go out of fashion very quickly. Something was gotten in a sale, which means it's on the way out. If it comes back when the sale is over, the owner is stuck swapping old, unsellable stock (which you cannot get credit for with most designers) for new stock. It's a lose-lose situation for her.

I'm speaking from personal experience here. While it's unfortunate, this thread is but 50% of the full story so don't be jumping to conclusions.

Regardless of anything, you are not entitled to an exchange if you change your mind.

jimmycrackcorm

I laughed at the excuse about not enough character spaces on the receipt. After allI'm sure they manage to get the address printed on several lines.

cgarvey

chrislad wrote:

Regardless of anything, you are not entitled to an exchange if you change your mind.

UNLESS that is agreed in advance, in which case you are entitled to it. Now, like brian_rbk says, it's your word against theirs.

yaya26

Thanks for all the advice everyone.

I think I'll have to accept it as a harsh lesson - boutique owners can transform from charming sophisicated ladies into horrible unscrupulous wagons!!

EoC

Why don't you name the shop so we all can avoid it? I don't think it's a crime to highlight poor customer service.
EoC

chrislad

cgarvey wrote:

UNLESS that is agreed in advance, in which case you are entitled to it. Now, like brian_rbk says, it's your word against theirs.

Again, it's advertised in the store how long they have to bring it back. While it may not be in the most obvious place, it's still visible to the public so she's completely covered. I'm afraid the OP doesn't have a leg to stand on, and while it's not the best customer service, the shop owner is completely within her rights as a retailer. She also said she was a small seller so she can't afford to be taking a loss on two garments.

xabi

EoC wrote:

Why don't you name the shop so we all can avoid it? I don't think it's a crime to highlight poor customer service.
EoC

Im not sure it was poor customer service, i would like to hear the shop owners story, they are perfectly within their rights to refuse a refund or exchange. A small business doesnt need to be stuck with an old garment that was in the sale a few weeks ago.

X.