Entitled to refund?

DemocAnarchis

Hey guys, probably out of luck here but anyway. GF bought a pair of shoes yesterday for yours truely, and as she wasnt sure on the size she asked your one behind the counter could she get a refund for them if she returned them the next day with all the tags intact etc. No bother says she.

Shoes didn't fit right on me so she went in today to return them for a refund, and the same one that told her she'd give her a refund now gets snotty and says shes only entitled to a credit note which she takes. Shop in question only has a very small selection of all the same brand of shoes, so its unlikely that i'll be able to get a pair that fits.

So are we sh1t out of luck here and caveat emptor? Or does the oral agreement hold any water?

Overature

if they had all the tags on them, you didn't wear them out side and you have a receipt then you are intiteled by law for a refund

Mataguri

Overature wrote: »

if they had all the tags on them, you didn't wear them out side and you have a receipt then you are intiteled by law for a refund

Nope. As there is nothing wrong with the product its up to the shop what recourse, if any, they give to the consumer.

cruizer101

You are only entitled to a refund if the product is defective in some way.

In this case the shoes simply didn't fit that is no fault of the shop, consumer should have checked first.

I feel sorry for you OP its crap if shop person said was ok but sadly thats the law so i doubt you can do much other than hope they have or can get in right size.

dudara

Overature wrote: »

if they had all the tags on them, you didn't wear them out side and you have a receipt then you are intiteled by law for a refund

This is incorrect. There was nothing wrong with the shoes, so therefore you are not entitled to a refund/repair/replacement.

Legally, in this case, the shop doesn't have to give you anything, so they are actually going beyond the call of duty by giving you a credit note. Obviously, a lot of shops will allow you return/exchange the item, but these are goodwill gestures, and not required by consumer law.

RangeR

dudara wrote: »

This is incorrect. There was nothing wrong with the shoes, so therefore you are not entitled to a refund/repair/replacement.

Legally, in this case, the shop doesn't have to give you anything, so they are actually going beyond the call of duty by giving you a credit note. Obviously, a lot of shops will allow you return/exchange the item, but these are goodwill gestures, and not required by consumer law.

However, in this case, wasn't it a condition of the contract that if the shoes didn't fit the consumer could bring them back for a full refund? At this stage, I know it's her word against the retailer, but it was a condition of the contract and the retailer agreed, pre sale.

Podginho

i had a similar problem and they replaced them, might depend on shop

djk1000

Normally, if there is nothing wrong with the product, then no comeback at all. If the product is defective, the seller has to repair, replace or refund you (Up to seller).

In this case, you only bought them on the condition that a refund was available, so yes, you have an argument for a refund. But unless you have witnesses, you won't be able to prove anything. Your GF also accepted the store credit, which weakens your position.

You could make an application to the small claims court and chance your luck, the shop owner might just give a refund to save the hassle. Or you could pop in and speak to a manager and ask if they could order shoes in your size.

jor el

RangeR wrote: »

However, in this case, wasn't it a condition of the contract that if the shoes didn't fit the consumer could bring them back for a full refund? At this stage, I know it's her word against the retailer, but it was a condition of the contract and the retailer agreed, pre sale.

Although a verbal contract is legally binding, it's not worth the paper it's written on.

In this case, it could be considered that the refund offer was purely a shop policy, and at their discretion, which they could revoke at any time. In short, nothing you can do about it.

dudara

RangeR, I'd have to go with jor el on this one. What the shop assistant said is unlikely to be considered binding (nice as it would be).

Shop assistants should be well educated on their shop's policy, so as not to mislead customers.