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Can Customers Bind Stores to Advice They Give?

  • 23-11-2010 2:01pm
    #1
    to99
    Registered Users, Registered Users 2 Posts: 131 ✭✭


    Just wondering what people's thoughts are on the following;

    Customer goes into lingerie shop (for example) and as they can not try on the product they ask the shop assistant what size they are. Shop assistant suggests a 'medium'. The size instructions are clearly stated on the back of the product (which btw is less than €6.00.)

    Customer purchases product, goes home and when they try it on, it is too big/too small.

    The shop has a clear policy of no refund/exchange due to hygiene reasons etc

    Customer brings back item and insists that the store is bound by the advice the shop assistant gives on the customer's appropriate size.

    Store says that they only suggest and guide customer and that the customer is not forced to buy the product. Plus, the size is clearly stated on the back.

    Suggestions?


Comments

  • #2
    prinz
    Registered Users, Registered Users 2 Posts: 14,598 ✭✭✭✭prinz


    Store is correct.

    Unless assistant was trained in taking measurements, did so properly, and gave customer the wrong item/size information. There you might have a case.


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Hmmm for 6 euros I don't know that there is much worth dwelling on.

    As a legal construct however it is unlikely that the shop assistant was offering more than an opinion here as opposed to making a representation to the effect that the item would fit the customer. If the customer was in doubt on the fitting being right, he/she should have refused the purchase.

    The broader issue for the shop is that clearly more intensive training in lingerie fitting is required together with a designated 'Lingerie Expert Consulting Helper' (or 'LECH') employed in each store.

    Its a job I've often applied for.


  • #4
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The store is liable. The shop assistant knew that the customer was relying on the advice and sold the product as being suitable to the customer. The trouble is that it will cost more than €6 to go to the small claims court.


  • #5
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    ^ I don't think so but more importantly, how do you go about buying this kind of garment without checking that it fits ? Is there not some manner of measuring people ?

    Which is another job I would apply for.


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