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Can you get a refund on a sale item even if it has not left the shop?

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  • 20-11-2011 10:23pm
    #1
    thenightrider
    Registered Users Posts: 1,647 ✭✭✭


    Can you get a refund on a sale item even if it has not left the shop?

    Someone has bought a sale item so it say's no refund's on sale item's it was something very dear and they bought it getting wrong information from someone now the item is still in the shop and has to be picked up but they do not want the item now as they can not use it.


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    #2
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Why not just contact them and ask? :rolleyes:


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    #3
    hellboy99
    Registered Users Posts: 6,219 ✭✭✭hellboy99


    Unfortunately there is no obligation on the retailer to take back an item that is not faulty. As the customer was giving wrong information about the product and the product is not fit for purpose then I don't see a problem with getting a refund, especially as it is still in the store. It's really up to the store and best you contact them about it first.


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    #4
    thenightrider
    Registered Users Posts: 1,647 ✭✭✭thenightrider


    They have to wait till tomorrow to find out they are in bit's now thinking that all of there money has been waisted and i am just seeing if i can give them a bit of good news


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    #5
    hellboy99
    Registered Users Posts: 6,219 ✭✭✭hellboy99


    With regards to sale items:

    As the Sale of Goods and Supply of Services Act 1980 states, a consumer’s rights when buying in the sales are the same as at any other time. Because your legal right is to a replacement or refund of price in the case of a faulty item, it is an offence for shops to put up notices which say:

    No cash refunds.
    Credit notes only.
    Goods on sale not exchanged.

    http://www.thecai.ie/index.php?option=com_content&view=article&id=10&Itemid=11


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    #6
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    thenightrider wrote: »
    getting wrong information from someone

    Was this from someone in the shop, if so then they may be able to claim it was miss sold. If not, then a refund is purely at the discretion of the retailer.


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    #7
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    hellboy99 wrote: »
    it is an offence for shops to put up notices which say:

    No cash refunds.
    Credit notes only.
    Goods on sale not exchanged.

    http://www.thecai.ie/index.php?option=com_content&view=article&id=10&Itemid=11

    See my problem with them publishign that bit in isolation is it gives the impresssion that the customer is entitled to a refund or exchange just because they want one when in truth they have no entitlement to anythign unless its faulty.


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    #8
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    ^^^^

    I agree,this is the most mis-quoted part of the SOGSA.

    As long as the person selling the item gave the wrong information , there should be no problem with a change of mind refund.


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    #9
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Just forget "the sale" bit, It doesnt matter.

    If a buddy told you to buy something and you now realise its not suitable, there is nothing you can do except ask nicely for a refund or credit note. However, they do not have to give you anything.

    If the shop told you something is suitable for what you need, then its not fit for purpose and you can (politely) demand a refund.

    If its faulty, you can demand one of the 3 R's, refund, replacement or repair.

    Its it between you and the shop what you ultimately get.


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    #10
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    The point of sale is the transaction. It doesn't matter if the goods haven't been delivered. They are legally yours.


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    #11
    ShooterSF
    Registered Users Posts: 8,824 ✭✭✭ShooterSF


    If it was not the shop that missold it and they won't refund it perhaps someone could negotiate a small restocking fee? Remember if you have no rights you're still dealing with a business person.


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    #12
    maxer68
    Closed Accounts Posts: 1,076 ✭✭✭maxer68


    thenightrider wrote: »
    Can you get a refund on a sale item even if it has not left the shop?

    Someone has bought a sale item so it say's no refund's on sale item's it was something very dear and they bought it getting wrong information from someone now the item is still in the shop and has to be picked up but they do not want the item now as they can not use it.

    Unless there is a fault, there is no obligation on the shop to provide a refund except where the shop or one if its staff provided wrong information about the product.
    If the wrong information came from a third party, then it is purely up to the shop to decided whther or not to provide a refund.

    As for signage, a shop can have a sign saying "no refunds on sale goods" or similar as long as they also put "this does not affect your statutory rights" on the sign.


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    #13
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    maxer68 wrote: »
    ... there is no obligation on the shop to provide a refund except where the shop or one if its staff provided wrong information about the product....

    Broadly true, but I would like to add a qualification: that wrong information must be material to the purchase decision. And it must be a specific claim that is made, not just general sales patter.


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