Shop refusing refund, can I insist?

sjon

Hi, I bought a jumper yesterday in a newsagency, obviously they had no changing rooms so I brought it back to the office to try on. I had to ask twice for a recipt and asked them if it didn't fit could I bring it back, they said fine. So it didn't fit and today I brought it back and asked for a refund to which they refused point blank and when I asked to see a manager they said he wouldn't be in til Monday. Do I have rights here? Appreciate your answers -S

snubbleste

No.

godtabh

sjon wrote: »

Hi, I bought a jumper yesterday in a newsagency, obviously they had no changing rooms so I brought it back to the office to try on. I had to ask twice for a recipt and asked them if it didn't fit could I bring it back, they said fine. So it didn't fit and today I brought it back and asked for a refund to which they refused point blank and when I asked to see a manager they said he wouldn't be in til Monday. Do I have rights here? Appreciate your answers -S

If there is nothing wrong with it so you have no rights.

If the goods are damaged/faulty then the 3 Rs apply. Given that there was no changing facility the best you might get is a swap for the correct size

P. Breathnach

If you had an agreement that if it did not fit you could return it, then you are entitled to return it as it did not fit. What you get when you return it is a bit unclear: perhaps they could give you another jumper that does fit. If they can't manage that, then they should give you back your money.

It seems that they want to act as if you have no such agreement. It now becomes a matter of how determined you are. You could make a claim in the Small Claims Court, but you face the risk of losing if the court believes their version rather than yours.

I suggest that you take a firm line with the manager (and don't lose your cool: it puts you at a negotiating disadvantage). Focus on the undertaking that was given to you, and say that you are willing to pursue them through the Small Claims Court. Whether or not you are willing to go down that road is a decision for another day.

Icepick

You have an oral contract, which you can't prove.

Arciphel

Quick question - what kind of newsagents sell jumpers?

juan.kerr

Arciphel wrote: »

Quick question - what kind of newsagents sell jumpers?

Some sort of christmas jumper hopefully?

Procrastastudy

Icepick wrote: »

You have an oral contract, which you can't prove.

Why?

OP says "They said I could return it"
Shop says "He's a liar! We never said such a thing"

SmCC Registrar has a sip of tea and decides who he believes...

sjon

Bus Stop newsagents are currently selling Christmas jumpers, I will stick to clothing stores for clothes in future

sjon

Thanks all for your replies, good call on keeping my cool, I almost lost it earlier, I am inclined to get indignant and upset, I'll let you know how I get on on Monday

Procrastastudy

I'd just walk in and declare - 'I got the wrong size' as I swapped it over and walked out with a bigger/smaller one.

Pawwed Rig

It's a Christmas jumper. Does it matter if it fits?

Procrastastudy

Perhaps the OP 'wishes it could be Christmas everyday'

sjon

Over the last few weeks I've been to almost every shop which sells christmas jumpers, I've never had one before and wanted the perfect one and this was the one I wanted but not only does it not fit but it also looks crap, so I was a bit annoyed, and they added injury to insult by refusing to take it back

K.Flyer

sjon wrote: »

Hi, I bought a jumper yesterday in a newsagency, obviously they had no changing rooms so I brought it back to the office to try on. I had to ask twice for a recipt and asked them if it didn't fit could I bring it back, they said fine. So it didn't fit and today I brought it back and asked for a refund to which they refused point blank and when I asked to see a manager they said he wouldn't be in til Monday. Do I have rights here? Appreciate your answers -S

The simple answer is that there is NO legal obligation for the shop to take back an item if there is nothing actually wrong with it.

From The National Consumer Agency

http://www.nca.ie/nca/changing-your-mind

If you simply change your mind about a product you bought in a shop and decide you don't want to keep it, you do not have any rights under consumer law.
However, some retailers may offer to accept returns and give you an exchange or refund within a certain amount of time after the purchase. This is shop policy and a gesture of goodwill and not a legal requirement.

Procrastastudy

K.Flyer wrote: »

The simple answer is that there is NO legal obligation for the shop to take back an item if there is nothing actually wrong with it.

From The National Consumer Agency

http://www.nca.ie/nca/changing-your-mind

This is simply wrong. The is NO legal obligation under the SOGA but the SOGA is not the only source of law when dealing with contracts. The OP made an offer

"Fine shope keeper I would like to purchase one of your fine xmas sweaters upon the condition that I may return it lest it does not fit, are ye willing to be so bound fine sir?"

to which the shop keeper replied

"Why yes fine sir I accept your offer and wish to take you consideration in exchange of my consideration. We are now so bound by this oral contract, a contract of gentlemen"

When the OP returned the mood seems to have changed and Foxtrot Oscar seemed to become the order of the day. The SOGA or SOGASOSA do not override the common law rules of contract formation they are simply in addition to you common law rights.

slimjimmc

K.Flyer wrote: »

The simple answer is that there is NO legal obligation for the shop to take back an item if there is nothing actually wrong with it.

From The National Consumer Agency

http://www.nca.ie/nca/changing-your-mind

However in this specific case the answer is YES because the OP made a verbal agreement with the shop representative prior to purchase. Verbal agreements are binding, but proving it ever existed could be a problem.




[edit]Procrastastudy explained it first and more eloquently[/edit]

K.Flyer

However is it not one persons word against the other should it end up legal.
If ye olde shoppe keep were to to deny such utterances.
And are verbal agreements nothing without witness.

Procrastastudy

K.Flyer wrote: »

However is it not one persons word against the other should it end up legal.
If ye olde shoppe keep were to to deny such utterances.
And are verbal agreements nothing without witness.

That's exactly what should happen if someone breaches a contract - well that or ADR.

Civil matters are dealt with on the balance of probabilities as opposed to the criminal standard of beyond a reasonable doubt. It's up to the Judge to decide who is telling the truth.

sjon

Well when I went back and spoke to the manager he was very understanding and actually listened when I told him what happened. He wouldn't give me a full refund or credit note but did allow me make an alternative purchase for the amount of the jumper. Thanks for all the advice. x