Retail refund law...

Oh The Humanity

Can anyone advise.

I purchased a dress/top yesterday, tried it on in the shop, I was 50/50 about it but decided to take it anyway figuring I could get a refund if I still didn't like it after I got it home.

I paid by laser and took it home, tried it on with the black trousers I had planned to wear it with later, they were wrong together. Material clashed.
I left the swing tags on it, put it back into the shop bag and with my till and laser receipt attempted to return it today.

Bear in mind it was in perfect condition and also was not the end of a line or anything. If anything it was a new line in.

Went to the till, asked for a refund. The girl refused, she pointed at one of those shop policy signs saying no refund, shop will only give credit note or exchange. I didn't want either. It said at the bottom of the sign, this does not affect your statutory rights. Ho Hum. I know thought I.

I pointed out to the girl that the shop policy is irrelevant seeing as it doesn't trump retail/consumer law/rights and that I would just take my refund please.

She refused again, I asked to speak to a manager. She claimed she was a manager. I explained the law to her, that the item was not fit for the purpose it was bought for. She asked me what was the purpose, I explained to wear with a pair of black trousers but when I put them together it wasn't suitable.
Then she went back to parrotting about manufacturers faults again.
I wondered why she had bothered asking me about the items purpose at all.

I pointed out it was in perfectly resaleable condition to which she agreed.

I was getting nowhere with her so eventually she let me see the store manager. He was the same, insisting that the only basis for return was manufacturers fault.

I know though this is not the only basis, having had refunds before based on the item being returned within 28 days in perfect condition with tags intact and receipts.

The manager remained adament and I gave up in the end. I told them I wouldn't be shopping there again.

I have always got refunds in shops before, are they entitled to refuse me a refund like this?

Jev/N

Its been years since I've done contract or consumer law so excuse me if I'm a bit rusty!

Firstly, I'm assuming there's no 14 or 28 day no quibbles refund like most of the big chains have? It usually says it on the receipt.

As far as I can remember, if you are unhappy with the goods for reasons of them not being fit for purpose, of merchantable quality etc. you can seek redress of either credit, refund or replacement. However, the sign did not impinge on your rights as it applies only to situations like that which you are in i.e that there is nothing wrong with the goods, just that the colour isn't right

Therefore, you've got to take what they're offering unless you can prove they told you when buying you could return it and you were misrepresented as a result?

labradoodlelady

Most shops will offer a full refund within 14 or even 28 days. This is offered in addition to your statutory rights.

Fit for the purpose is along the lines of buying an umbrella and it's not waterproof. It cannot be extended to apply to the fact that you didn't like the top when you took it home or it didn't go with something.

They were fully entitled to offer you just a credit note.

dats_right

I'm sorry but I really thought that this post was some sort of joke, sort of along the lines of legally blonde or somesuch!! Fit for purpose, as another poster has correctly pointed out, has nothing to do with whether they match your black trousers or not (the responsibility of ensuring that is solely on you), it does mean however that the goods (in this case the top) were fit for wearing as a top e.g. not unsuitable owing to some serious defect in quality, such as coming apart in the washing machine or somesuch. Think more along the lines of a person going into a shop and asking for a small heater for his bedroom and being sold an outdoor barbecue! Obviously a barbecue is not 'fit for purpose' of an indoor heater, but on the other hand if the person had asked for a barbecue and was sold a barbecue the fact that it is orange and doesn't suit his backgarden is his problem! Similarly, it's 100% your problem that the top doesn't match your black trousers.

As it happens you have actually no legitimate grounds for forming a consumer complaint and the shop therefore have absolutely no obligation to offer you anything. The fact that they did offer you anything was purely as a gesture of goodwill and policy. You can ring the National Consumer Authority to confirm what I've told you if you like and you should probably become more au fait with consumer law, you could try reading this useful publication by the NCA

Lawstud

+1

Top not matching trousers = not "Fit for purpose" LOL :D:D

Oh The Humanity

labradoodlelady wrote: »

Most shops will offer a full refund within 14 or even 28 days. This is offered in addition to your statutory rights.

Fit for the purpose is along the lines of buying an umbrella and it's not waterproof. It cannot be extended to apply to the fact that you didn't like the top when you took it home or it didn't go with something.

They were fully entitled to offer you just a credit note.

Thanks all, this answers my question perfectly.

I guess I was misled by the fact that most shops operate the 28 day refund option for goods returned in perfect condition, into believing this was a right rather than a privilege. So now I know its not! Still I wont be shopping there again, I appreciate the 28 exchange option most retailers give.

I'm sorry

I forgive ya but dont do it again.

but I really thought that this post was some sort of joke, sort of along the lines of legally blonde or somesuch!!

Hey!!! patronising or what? Not being au fait with the minutae of law hardly makes me some sort of subintelligent amoeba There is no harm in asking a simple question.

You can ring the National Consumer Authority to confirm what I've told you if you like and you should probably become more au fait with consumer law, you could try reading this useful publication by the NCA

No thanks, I believe you, plus this thread has already answered my question.

Thanks to all !

Oh The Humanity

Lawstud wrote: »

+1

Top not matching trousers = not "Fit for purpose" LOL :D:D

Oh why the absolute hilarity, God we laughed for hours!!!!

Mods you can lock this before everyone self combusts with the pure insanity of it all !

labradoodlelady

Pinch of salt girl. It's easy/funny when you already know the answer.

With the amount of companies that offer a 28 day no quibble refund, it's easy enough to assume that this is where the consumer law lies.

You know the situation now anyway!

mayfire

From the National Consumer Agency website;

"What if the goods are not faulty
and I have just changed my mind?
While most shops are happy to exchange or
refund goods in these circumstances, this is
a gesture of goodwill. Under consumer
legislation you have no right to exchange
something or get a refund if you simply
change your mind after buying the goods."

http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Sale-of-goods.pdf

i71jskz5xu42pb

Oh The Humanity wrote: »

Not being au fait with the minutae of law hardly makes me some sort of subintelligent amoeba

Correct, it does not make you some sort of subintelligent amoeba. It should however give you pause for thought before doing this:

Oh The Humanity wrote: »

I explained the law to her

Oh The Humanity wrote: »

There is no harm in asking a simple question.

Yes, but surely we're allowed a good natured laugh. With you, not at you.

ScouseMouse

Oh The Humanity wrote: »

Can anyone advise.

I pointed out to the girl that the shop policy is irrelevant seeing as it doesn't trump retail/consumer law/rights and that I would just take my refund please.

I explained the law to her, that the item was not fit for the purpose it was bought for.

Another example of someone who "thinks" they know the law. I get it all the time but at least this one is funny.:D:D:D:D


A shopkeeper.

Oh The Humanity

Ok ok mea culpa!

I dont know law....pah!

Well thanks again all, I will try to refrain from lecturing any more shop assistants on the law.....

Anyone wanna buy a dress/top...? goes lovely with black trousers!

McCrack

It's a while since I've read a thread on this forum that's made me smille...kudos to the OP!

Fey!

It's amazing how many people make the mistake the OP made; I had a woman try this in our shop one day, and she went as far as to say she was a solicitor...

Bluetonic

Fey! wrote: »

It's amazing how many people make the mistake the OP made

Ignorance?

r14

It's like when people insist they have to be sold an item at a mislabelled price. You just feel like shouting invitation to treat at them. I have seen this a few times and it's very funny when people start quoting "the law" without really having a clue.

I think the lesson is not to say you know your rights unless you're 100% sure that you do.

Victor

Oh The Humanity wrote: »

Anyone wanna buy a dress/top...? goes lovely with black trousers!

Now, that might be false advertising, although while some people may have a problem with a colour clash, others won't.

Lobelia Overhill

Oh The Humanity wrote: »

Ok ok mea culpa!

never mind, it's not as bad as that woman who bought a jumper, then brought it back [wanting a refund] because "it was a different colour when I got it home"

yer wha?