Returning an item and a Credit Note

DC_FC

Yesterday (Sunday) my mother bought me a pair of shoes in a shoeshop in Limerick. When she brought them home they were the wrong shoes, i didn't even try them on. So today I went in to return the shoes for the proper shoes i wanted.

The shop or their sister shop did not have the shoes i wanted so i asked for my money back seeing as the shoes had only been purchased less than 24 hours previously.

I was told that i would not be entitled to a refund just a credit, although there was no terms or conditions on the receipt. I asked where this was displayed and she sent me upstairs to see a tiny sign saying "No refund on exchange".

I argued my point as i am currently studying Law and also beside me was a solicitor who stated that one is entitled to a refund within 48 hours of purchase? Is this true? BAsically the lady manager was incredibly rude to me telling me i had no clue nor had the solicitor lady and said she was too busy to deal with my problem.

In the end I had to take a credit note but i am extremely annoyed at the way i was treated by this store especially as i had intended to exchange but they do not stock the shoes i want now I am left with a credit note effectively worthless to me.

Advice people would be very much appreciated.
Thanks

whippet

you have no rights whatsoever.

The shop were being kind to you to offer a credit note.

There was nothing wrong with the items originally purchased therefore anything they offered you was a bonus.

You are currently studying law and yet you can't remember Junior Cert business studies !!! .... I'm sure you are not the first person that the shop manager had to listen to ranting about their rights when they actually don't have any !!!

alwaysadub

Did your mother pick the wrong shoes or did the shop give her the wrong shoes?
If your mother bought the wrong shoes,then no,you are not entitled to a refund as it was not the shops fault. There's no such thing as being entitled to a refund if you return the item within a certain time-unless some shops have that in their own policies. The only time you are actually entitled to a refund is if the goods aren't as described or fit for their purpose.
I wouldn't be using your solictor friend for any legal dealings if they don't even know consumer rights!

dudara

If you are studying law, then go find a copy of the "Sale of Goods and Supply of Services Act, 1980" and read it. This is actually taught as part of Junior Cert Commerce and is really quite simple.

Under this legislation, you are entitled to

• Goods must be of merchantable quality – goods should be of reasonable quality taking into account what they are meant to do, their durability and their price
• Goods must be fit for their purpose – they must do what they are reasonably expected to do
• Goods must be as described - the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.

In your case, there was nothing materially wrong with the shoes - they were simply not what you wanted. In this case, the shop did not have to offer you anything. Offering a credit note was actually above and beyond what they have to do.

The store lady was right to tell both of you that you didn't know what you were talking about.

Lollipops23

dudara wrote: »

If you are studying law, then go find a copy of the "Sale of Goods and Supply of Services Act, 1980" and read it.

Under this legislation, you are entitled to

• Goods must be of merchantable quality – goods should be of reasonable quality taking into account what they are meant to do, their durability and their price
• Goods must be fit for their purpose – they must do what they are reasonably expected to do
• Goods must be as described - the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.

In your case, there was nothing materially wrong with the shoes - they were simply not what you wanted. In this case, the shop did not have to offer you anything. Offering a credit note was actually above and beyond what they have to do.

The store lady was right to tell both of you that you didn't know what you were talking about.

Too right Dudara.

If you're studying Law you really should know basics such as this-I was taught it in LC Home Economics.

I would point out that if their sign does literally say "no refund or exchange" and is not followed by "does not affect your statutory rights" then that is actually illegal.

DC_FC

I am quite aware of the Consumer Act

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

decies

Nothing worse than a customer who doesn,t know their rights yet thinks that they know it all.The fact that your studying law and didn,t know basic consumer law is frankly shocking!!!

Lollipops23

DC_FC wrote: »

I am quite aware of the Consumer Act

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

best of luck proving that.

decies

DC_FC wrote: »

I am quite aware of the Consumer Act

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

Your mother made a mess of the transaction,not the shops fault they dont even have to give you a credit note.

dudara

DC_FC wrote: »

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

Somewhere between you asking for the shoes and receiving the shoes, a mistake happened. Unfortunately you have no way of knowing where it all went wrong.

TheDriver

2 things: imagine the amount of poeple using that excuse every day about the wrong thing being bought
No.2: If you want something done right, then do it yourself. Maybe you should get your Mum to give you a refund seeing as it could be her fault?

Skid

DC_FC wrote: »

I am quite aware of the Consumer Act

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

Not a chance of getting a refund here, unfortunately. You would have a better chance taking your Mother to Court for Breach of Contract.

jor el

DC_FC wrote: »

I am quite aware of the Consumer Act

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

That being the case, you have no rights at all, as statutory entitlements do not transfer. The contract is between the shop and your mother. Since you weren't there at the time, you also don't know for sure what happened, so only she can argue that the shop is the one that made the mistake.

Cabaal

Shocking that a solicitor said the shop had to give a refund within 48hours, the solicitor is clearly an idiot or just trying his luck.

jor el wrote: »

That being the case, you have no rights at all, as statutory entitlements do not transfer. The contract is between the shop and your mother. Since you weren't there at the time, you also don't know for sure what happened, so only she can argue that the shop is the one that made the mistake.

This is correct, its the person who bought the goods that has the contract not you OP.

john kinsella

you are clearly not a law student nor was there a solicitor anywhere near the counter offering advice. take your wrong shoes or swap them for another pair and thank your lucky stars that they gave you the oppertunity to do so.
up there with the most supid posts i have ever seen. silly girl!

parsi

DC_FC wrote: »

I am quite aware of the Consumer Act

What happened was i gave my mother the specific instructions as the shoes to buy. However the lady in d shop gave her the wrong shoes plain and simple they are not the shoes that I had asked for...

I'm not a solicitor but my barber's cousin is and he tells me that you are entitled to return your mother.

FFS - "studying law" "a solicitor nearby" - what a load of twaddle.

Did your mother not check the shoes to confirm ?

seamus

decies wrote: »

Your mother made a mess of the transaction,not the shops fault they dont even have to give you a credit note.

jor el wrote: »

That being the case, you have no rights at all, as statutory entitlements do not transfer. The contract is between the shop and your mother. Since you weren't there at the time, you also don't know for sure what happened, so only she can argue that the shop is the one that made the mistake.

The above two are correct.

However, there is a duty on the part of the shop/shopkeeper to ensure that the goods are fit for the purpose that the customer is buying them for (or if they are not, that the customer is aware of this).

That is, if your mother went into the shop looking for Brand X, black, size 5, asked the shopkeeper for this and they gave her Brand Y, brown, size 3, then the shop has failed in their duty under the above act because the shoes are not fit for the purpose they were bought. Your mother technically would not have to check them before she left the shop.

That said, the shop would not be required to refund the cost, instead they would only have to replace the shoes with the correct pair.

As someone said above though, best of luck proving that your mother told the shop exactly what she needed, and you absolutely are not entitled to a refund. A credit note is goodwill and you should take it.