Credit note, not refund - when shop cannot supply suitable item

Smee_Again

https://www.boards.ie/discussion/comment/122088864#Comment_122088864

It literally does though, and even your own analogy supports my argument.

If you were sold a dishwasher and told it could function as a parachute then yes, you can return it.

https://www.boards.ie/discussion/comment/122088895#Comment_122088895

And yet you can't actually argue against what the law says and have to resort to attempted insults.

Any way it's clear both of you have never worked in retail in any senior role or seen how consumer rights work so probably best we leave it there. Hopefully the OP and the retailer can come to a resolution that both are happy with, if not, then the OP can use the Small Claims Court and I've no doubt they'll win.

Dav010

https://www.boards.ie/discussion/comment/122088797#Comment_122088797

Consumers should be allowed to take trainers out for a run, and football boots out onto a pitch to try them out before paying?

Sadb

https://www.boards.ie/discussion/comment/122089079#Comment_122089079

I think it’s clear who here has no comprehension of consumer laws or legal terms.

It’s actually one of the things that annoyed me most when I worked in retail management for over 20years. People acting like they know the law when really they do not have any grasp on it. I’m guessing you are probably one of the people who spout off about “legal tender” too……

Smee_Again

https://www.boards.ie/discussion/comment/122089110#Comment_122089110

Nobody has claimed this except you.

https://www.boards.ie/discussion/comment/122089253#Comment_122089253

Similarly it annoyed me having to deal with colleagues and subordinates who thought they understood consumer rights but really didn't.

And FWIW legal tender applies to debts.

Dav010

https://www.boards.ie/discussion/comment/122090074#Comment_122090074

I’m afraid you are losing all credibility now. You are saying they are not fit for purpose because the op can’t use them for the purpose they want them for, my point is, unless the op was allowed to take them for a run, how could he/she possibly know anything over and above trying them on in the shop? It seems clear to everyone else that in trying them on, and then buying them, the op was saying these are the shoes I choose for the purpose I am buying them. So perhaps you think the op should be able to take them for a test run, and return them if they aren’t comfortable? That of course would be nonsense.

blingrhino

This most be the most frustrating thread on boards,round and round in circles and all explained clearly in the first few posts !

Smee_Again

https://www.boards.ie/discussion/comment/122090115#Comment_122090115

How could he know? By listen to and taking the advice of the experts.

Dav010

https://www.boards.ie/discussion/comment/122090127#Comment_122090127

Advice he/she wasn’t obliged to take, but, having taken it, the op had the opportunity to try on the shoes before purchasing.
Would you take a moment to listen to yourself, if this was a distance selling scenario, the op could get a refund within a limited time based on the fact that distance buyers don’t have the opportunity to try on the item. People who visit shops have that opportunity , and once they purchase, unless the item is defective, there is no entitlement to a refund, anything offered by the shop is a courtesy. The op asked for advice, it was given, but the op still tried on the shoes and was under no obligation to buy them. That they aren’t comfortable is unfortunate, but it happens, and a credit note is a good result for what is effectively a change of mind/buyers remorse.

Sadb

https://www.boards.ie/discussion/comment/122090074#Comment_122090074

The problem is that you are conflating “fit” with “fit for purpose”. These do not mean the same thing at all.

Let me use the Harvey Norman analogy again to try to make it clearer. So I go into Harvey Norman and I say I want something that boils water. The cashier sells me a kettle. I get home and while the kettle does indeed boil water, I discover when I get home that the kettle actually does not fit on my kitchen countertop. The kettle is still “fit for purpose” because the purpose I needed it for is to boil water. The fact that it is too big for my countertop has absolutely nothing to do with the purpose of the kettle and is in fact my own fault, because I should have measured my space before buying it.

According to consumer law, I am not entitled to RRR. Now I’m sure that if I go back to Harvey Norman, as a gesture of goodwill, they will allow me to change the kettle or get a credit note or whatever they decide- but I cannot demand a refund etc because none of my consumer rights were infringed on.

JVince

https://www.boards.ie/discussion/comment/122089079#Comment_122089079

I'm in retail 38 years from managing a mid size multiple in the UK (footwear too!) to my own group of stores here (I'm now semi retired)!

I assure you I know what I'm talking about inside out and upside down.

I did not insult you in anyway, just explained that your comment was very much from the Ammi Burke way of thinking and I stand over that as a very valid comment.

Smee_Again

https://www.boards.ie/discussion/comment/122090165#Comment_122090165

Of course the OP isn't obliged to take their advice, not that that is relevant because no one has said he was, but he did so the CRA applies.

OP: I need shoes to do X activity.

Shop: Here try these on, they'll work.

OP: They're a bit big.

Shop: Talks OP into buying them.

You're all glossing over that last bit, the OP was talked into buying the shoes despite his reservations. That absolutely crosses the line from it being a change of mind to the shoes not being fit for purpose.

https://www.boards.ie/discussion/comment/122090211#Comment_122090211

I'm not conflating anything but with your kettle analogy if you explain to HN the type of counter top you have and the space available etc and they sell you a kettle and say it will fit on the counter but it doesn't then the CRA applies.

Its pretty simple, a retailer cannot tell you a product will do X, Y or Z and then refuse to remedy the situation if it doesn't do X, Y or Z. And the only remedies available to the retailer in that situation is one of the 3 Rs.

Now, OP is long gone and this is boring me now and probably annoying everyone else so I won't be replying to either of you again.

JVince

https://www.boards.ie/discussion/comment/122090211#Comment_122090211

That is probably as perfect an explanation you can get and a very easy to understand analogy - I must use that if I get a similar query 😁

Smee_Again

https://www.boards.ie/discussion/comment/122090246#Comment_122090246

You wouldn't be the first retailer to try and run roughshod over consumer's rights.

Dav010

https://www.boards.ie/discussion/comment/122090318#Comment_122090318

I’m sure J is well used to people coming into his stores with an erroneous understanding of their entitlements as well I dear say.

JVince

https://www.boards.ie/discussion/comment/122090318#Comment_122090318

Any retailer that does that does not stay in business for long. My Irish stores (now passed to a new generation) are 26 years in business with several awards and the UK stores I managed are still regarded as an example of how to treat a customer.

But when you are wrong, you are wrong and like some people, you simply cannot accept that. Even the OP seems to accept that the credit note is valid