No Fitting Rooms - Legal?

Norma_Desmond

Just a quick question on the legality of a situation,

I was in a shop yesterday and there was a big sale on.
I had a few items that I wanted to try on and when I went to the changing rooms they were closed.

I then asked a member of staff was there somewhere I could try on the clothes
and he told me no there wasn't, that the changing rooms were closed during the sale.

I left the clothes there and left the store, I wasn't going to buy clothes incase they didn't fit and then be unable to return them.

So my question is this, Is it legal what they are doing?
Can they close the changing rooms during the sale,
therefore forcing people to buy clothes that may not fit properly and then that person is stuck with them.

Thanks.

listermint

Fitting rooms are not a legal requirement.

nobody forces you to make a purchase. <>

Procrastastudy

Norma_Desmond wrote: »

Just a quick question on the legality of a situation,

I was in a shop yesterday and there was a big sale on.
I had a few items that I wanted to try on and when I went to the changing rooms they were closed.

I then asked a member of staff was there somewhere I could try on the clothes
and he told me no there wasn't, that the changing rooms were closed during the sale.

I left the clothes there and left the store, I wasn't going to buy clothes incase they didn't fit and then be unable to return them.

So my question is this, Is it legal what they are doing?
Can they close the changing rooms during the sale,
therefore forcing people to buy clothes that may not fit properly and then that person is stuck with them.

Thanks.

Because of the sizing issues with clothes if they were not to fit you can return them under the Sale of Goods Act (amended by SOGASOSA) as 'not fit for purpose'.

That you can't return sale items is a myth.

Fitting rooms would possibly avoid that issue - I can't remember where I was reading this great legal opus but I have a feeling it was an English Consumer law book - the exact principles would apply.

Disclaimer: I'm wrong 95% of the time.

NoQuarter

Parliament has bigger fish to fry than to draft up "The Sale of Goods and Supply of Changing Rooms Act"!!

Procrastastudy

NoQuarter wrote: »

Parliament has bigger fish to fry than to draft up "The Sale of Goods and Supply of Changing Rooms Act"!!

I have to admit it's only just occurred to me that given Article 15 new law in Ireland will be at the whim of the voter - so you never know

Norma_Desmond

Procrastastudy wrote: »

Because of the sizing issues with clothes if they were not to fit you can return them under the Sale of Goods Act (amended by SOGASOSA) as 'not fit for purpose'.

That you can't return sale items is a myth.

Fitting rooms would possibly avoid that issue - I can't remember where I was reading this great legal opus but I have a feeling it was an English Consumer law book - the exact principles would apply.

Disclaimer: I'm wrong 95% of the time.

They had a massive sign by the check out saying that no sale item will be exchanged or refunded.

I don't know if that makes any difference but it just all seemed rather strange to me.

NoQuarter

Procrastastudy wrote: »

Because of the sizing issues with clothes if they were not to fit you can return them under the Sale of Goods Act (amended by SOGASOSA) as 'not fit for purpose'.
.

I dunno about that, they are fit for their purpose, ie, to wear. They just dont fit the OP, different kind of "fit" altogether. Caveat emptor.

NoQuarter

Norma_Desmond wrote: »

They had a massive sign by the check out saying that no sale item will be exchanged or refunded.

I don't know if that makes any difference but it just all seemed rather strange to me.

Makes absolutely no difference and is completely legal. The sale of goods is a contract. They are giving the terms of the contract at the outset, ie, they cant be exchanged. If you offer to buy the clothes under those terms and they take your money, you are bound.

Procrastastudy

Norma_Desmond wrote: »

They had a massive sign by the check out saying that no sale item will be exchanged or refunded.

I don't know if that makes any difference but it just all seemed rather strange to me.

It makes a difference alright - its an offense to do that.

@NoQuarter - The argument goes if its a size 16 (no offense OP) and it doesn;t fit a lady that regularly fits in size 16s then its not fit for the purpose of fitting a size 16. I'm not sure Caveat emptor really applies much given the increasing amount of consumer protection legislation.

coolabula

I bought a dress in a shop (after trying it on) brought it home and didnt like it. I returned it, they offered me store credit which I took.

Out of curiousity I called the consumer association and they said that as I had tried on the dress I couldnt claim it was not fit for purpose as I had an opportunity to try it on, I was lucky to get store credit.

The shop you were in seem to be leaving themselves open to a lot of legimate refunds as they are purposefully closing the dressing rooms.

Procrastastudy

NoQuarter wrote: »

Makes absolutely no difference and is completely legal. The sale of goods is a contract. They are giving the terms of the contract at the outset, ie, they cant be exchanged. If you offer to buy the clothes under those terms and they take your money, you are bound.

They need to be very careful how they word those signs. Stating their normal refund and exchange policy doesn't apply is one thing. Restricting consumer rights is another.

11.—(1) Subsections (2) and (3) apply to any statement likely to be taken as indicating that a right or the exercise of a right conferred by, or a liability arising by virtue of, section 12, 13, 14 or 15 of the Act of 1893 is restricted or excluded otherwise than under section 55 of that Act.

(2) It shall be an offence for a person in the course of a business to do any of the following things in relation to a statement to which subsection (1) refers:

(a) to display on any part of any premises a notice that includes any such statement, or

(b) to publish or cause to be published an advertisement which contains any such statement, or

(c) to supply goods bearing, or goods in a container bearing, any such statement, or

(d) otherwise to furnish or to cause to be furnished a document including any such statement.

(3) For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1).

(4) It shall be an offence for a person in the course of a business to furnish to a buyer goods bearing, or goods in a container bearing, or any document including, any statement, irrespective of its legal effect, which sets out, limits or describes rights conferred on a buyer or liabilities to the buyer in relation to goods acquired by him or any statement likely to be taken as such a statement, unless that statement is accompanied by a clear and conspicuous declaration that the contractual rights which the buyer enjoys by virtue of sections 12, 13, 14 and 15 of the Act of 1893 are in no way prejudiced by the relevant statement.

As always I'm happy to have my understanding of this challenged as I stand by my original disclaimer!

Norma_Desmond

Procrastastudy wrote: »

It makes a difference alright - its an office to do that.

@NoQuarter - The argument goes if its a size 16 (no offense OP) and it doesn;t fit a lady that regularly fits in size 16s then its not fit for the purpose of fitting a size 16. I'm not sure Caveat emptor really applies much given the increasing amount of consumer protection legislation.

I wanted to try on a pair of tracksuit bottoms for the gym and it wasn't a matter of size around the waist (size 8 by the way not 16)
it was the length that I needed to check as a lot of tracksuit bottoms are a standard length and as I've quite long legs they might be too short for me.

The store is a sports store and they are having a 75% off everything sale.
The sign states something like there will be no exchange or refund any any items sold in the sale.
In more words than that, I might go in later and see for sure.
But basically they are saying that you can't try on anything and they won't exchange anything if there's a problem.

rameire

could you try the item on in a corner?

I have done it many times, for tops and trousers.
People can see just as much of me there as they can on a nice day at a beach.

Ken.

Norma_Desmond wrote: »

I wanted to try on a pair of tracksuit bottoms for the gym and it wasn't a matter of size around the waist (size 8 by the way not 16)
it was the length that I needed to check as a lot of tracksuit bottoms are a standard length and as I've quite long legs they might be too short for me.

The store is a sports store and they are having a 75% off everything sale.
The sign states something like there will be no exchange or refund any any items sold in the sale.
In more words than that, I might go in later and see for sure.
But basically they are saying that you can't try on anything and they won't exchange anything if there's a problem.

A lot of shop's having sales do this because people buy something in the sale for 75% off and then bring it back after the sale saying they only got it the day before and want a refund for the full rrp. 99.9% of people who do this have "lost" their receipt.

If you buy something and its defective you have a right to a replacement,repair or refund unless the reason for the discount is the defect.

For example you buy a top that has a stain and the store discounts it for you. You cannot return that top because it has a stain.

seb65

Many shops will have a no exchange or refund sign posted for sale items. However, underneath the "no refund/exchange" is "this does not affect your statutory rights". Customers still have an ability to return the items in those situations as outlined in statute.