Bringing Back A Dress

supermouse

Hi there,

I got a dress from a high street retailer Mid May. There are thread holes around the neckline and its very noticable. I decided to forget about it cos i like the dress - but today i saw it reduced in price to €25!! After i spending €62.50.
I am within my 28 days and the dress is faulty - would i be entitled to my €62.50 back???

Thanks!

Doctor DooM

Strictly speaking because you didnt stop wearing it and report the fault immediately, no you are not entitled to a refund.

However, as long as you have the reciept, if you say you haven't worn or looked at it since you bought it, you might get something out of them.

MysticalSoul

Have you actually worn the dress?

valz_walsh

If you havent worn it, still have the tags on it, and you have the receipt then you should be able to bring it back. You may get a credit note though to the value of the origional dress.

You'll need to have the receipt, as if they do take it back they may just give you back the price of the reduced dress. After all how can they tell if you bought the dress at the origional or sale price.

supermouse

Oops - should have made that clearer!Dress still has tags on it and i have the receipt also.
Should just go along and chance my luck so should i - i mean it is faulty, id say thats the reason they're on sale in the shop. Could be sticky about it though couldnt they cos its reduced in a sale and close to the 28 days since purchase..

MysticalSoul

Just so you know, shops are under no legal obligation to offer a refund, many do as a goodwill gesture. Would you take a credit note instead if that was an option? The fact they state 28 days though, I would say you should be alright - how were you supposed to know it was on sale right, and you just happened to return it today

supermouse

Its one of my favourite shops so i dont mind a credit note whatsoever! I'll just wing it tomorrow and see how i get on - will let ye know!
Thanks for advice!

dudara

If the store offers a 28 day policy and the dress is with tags and receipts, then you should be able to get a credit note at the very least and possibly a refund.

axer

irishamethyst wrote: »

Just so you know, shops are under no legal obligation to offer a refund, many do as a goodwill gesture.

They are if the purchaser has not had a reasonable amount of time to inspect the goods to ensure no faults i.e. until they have legally accepted the goods the consumer can demand a refund.

Doctor DooM

axer wrote: »

They are if the purchaser has not had a reasonable amount of time to inspect the goods to ensure no faults i.e. until they have legally accepted the goods the consumer can demand a refund.

? Where did you get that from?

axer

SDooM wrote: »

? Where did you get that from?

Sale of Goods and Supply of Services act 1980 wrote:

34.—(1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

Acceptance

35.—The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or, subject to section 34 of this Act, when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when, without good and sufficient reason, he retains the goods without intimitating to the seller that he has rejected them.

.

MysticalSoul

That sounds more like something that a purchaser had to have delivered to their home, such as with furniture for instance.

The seller is under no obligation, unless there is a fault to an item to offer a full refund. Some shops have signs saying that no refunds will be offered - which is perfectly legal.

supermouse

Hola!
Brought the dress back and the sales assistance first tried to tell me the fault wasnt actually a fault , it was the design of the dresses. So i showed her the holes in the dress ( like it was sewed then taken out ) she backed down and asked did i want a full refund or a refund of the difference between the price i paid and the price of the dress now in the sale.
Thrilled i was!! Got the dress for €25 and the €37.50 back!
happy days!

MysticalSoul

supermouse wrote: »

Hola!
Brought the dress back and the sales assistance first tried to tell me the fault wasnt actually a fault , it was the design of the dresses. So i showed her the holes in the dress ( like it was sewed then taken out ) she backed down and asked did i want a full refund or a refund of the difference between the price i paid and the price of the dress now in the sale.
Thrilled i was!! Got the dress for €25 and the €37.50 back!
happy days!

Oh, that is highly unusual to be able to keep the dress for the new price. You are so lucky - congrats.