Returning Boxershorts to a shop

moomooman

Hi there,

Just a quick question about returning a product to a store. I make a new thread for this on the basis that it involves underwear, which a store naturally wouldnt want coming back to them! :rolleyes: But it also involves clearly unopened packaging, "store policy" and a wrong description of the product by the salesperson.

I went into a local clothing store and asked the clerk for boxer shorts, I explained I was having trouble finding just plain regular oul boxer shorts, everywhere had boxer-briefs or something like that, he said we have boxer shorts here behind the counter, so I bought 4 pairs for €50.

Got home, opened the first sealed packet and discovered that they are not regular boxers but "Trunks", skin tight plum smugglers... exactly what I didnt want. I looked at the packet and it said "Trunks". D'oh.

So I just went back to the shop, said I want to return these THREE pairs, not the one I opened which I think was reasonable enough, on the basis they were not what I asked for and were something which I didnt want and wouldnt have bought only the clerk said they were boxers.

The clerk and manager said well its store policy that we dont take back underwear. I pointed out that they were clearly unopened (they were wrapped in seriously tough plastic bags) and were sold on the basis they were something else, they restated store policy and I raised consumer law and how it exceeds the store policy.

We argued back and forth, now I didnt want to be a dik about it but it was starting to get to me, but I explained in as civil a manner as I could that I was sold a product on the basis that it was one thing, only to find out it was something else, for which I'm down the €12.50 for the packet I opened and didnt attempt to return.

So in the end they said we might have some in in a week or two if you want to wait or they can give store credit. I said well if you can get some in thats fine, so I'm planning to give them two weeks to get the boxer shorts in, if they dont get them in they want me to take €39 in store credit. Now I dont want that, I would like my underwear or my money.

If the replacement is not forthcoming, can I just ask for my refund on the basis that they were "wrongly described"?

Right now I dont have €50 or the underwear, just a receipt. I know its not a huge amount of money but times are tough.

Morlar

If you asked for one thing and the clerk gave you something different you should be entitled to a refund not just store credit.

dudara

The goods you were sold were not as described (by the salesman). This falls under Consumer Law and you are entitled to a refund, replacement or repair. In this case, a refund is the only option. A store credit is not a legally satisfactory outcome. However, if you are happy to accept it, then go ahead. Just be aware that they are not fulfilling your rights.

rubadub

moomooman wrote: »

I looked at the packet and it said "Trunks". D'oh.

Does it say boxer shorts anywhere on the packet?

moomooman

Thanks for the replies everyone, I will be waiting to hear from the shop to see if they get replacements in as they said they might, if not I will be demanding a refund.

In response to rubadub, no, it doesnt say boxer shorts on the packet, there is a picture of a generic pair of underwear that could be boxershorts/briefs/trunks. There was a sticker on the pack which listed "Trunks" in small text beside the 95% cotton, 5% elastene.

Had I picked them out myself I would say it was my own fault, but I never actually handled them in the shop, they were stored on a shelf behind the counter and the clerk asked what colours and size I wanted then he put the packets into a bag.

I've spent a far bit of money in this shop over the years so was pretty miffed at the treatment I got for something I would have thought was quite straightforward. Wont be shopping there again!