Refund on Sale Items?

IWJ

A certain store claims that it is their store policy to only offer exchanges or gift vouchers on sale items bought at the store previously. But this directly contradicts the Sale of Goods and Supply of Services Act 1980.

I bought something from a store chain which is not fit for the purpose intended and they are refusing to refund the goods.

Are they allowed to do this? Small Claims Court next step?

mattaiuseire

IWJ wrote: »

A certain store claims that it is their store policy to only offer exchanges or gift vouchers on sale items bought at the store previously. But this directly contradicts the Sale of Goods and Supply of Services Act 1980.

I bought something from a store chain which is not fit for the purpose intended and they are refusing to refund the goods.

Are they allowed to do this? Small Claims Court next step?

When you say the product was 'not fit for purpose intended', could you elaborate? If you purchased an item that you thought would do a certain "job" for you but found that it didn't, that isn't 'not fit for purpose'.

IWJ

If after purchasing a product one finds that it cannot be used for the purpose that one had in mind when actually buying it, due to the inadequacy of the product itself, then it is not 'fit for purpose'. Is this correct?

If not, can you elaborate?

davo10

IWJ wrote: »

A certain store claims that it is their store policy to only offer exchanges or gift vouchers on sale items bought at the store previously. But this directly contradicts the Sale of Goods and Supply of Services Act 1980.

I bought something from a store chain which is not fit for the purpose intended and they are refusing to refund the goods.

Are they allowed to do this? Small Claims Court next step?

Is it damaged/faulty/not as advertised, or do you just not like it? If it isn't defective and is as described then they do not even have to exchange it or give you a voucher as it would be classed as a "change of mind" on your part. Perhaps you could get more info here if you describe why you think it is not "fit for purpose".

28064212

IWJ wrote: »

If after purchasing a product one finds that it cannot be used for the purpose that one had in mind when actually buying it, due to the inadequacy of the product itself, then it is not 'fit for purpose'. Is this correct?

The bolded part is wrong (unless you were misled by the store, either through advertising or advice). If I buy a netbook (low-spec laptop) with the intended purpose of playing the latest PC games, the product will not be fit for my purpose, but that is my mistake, I'm not entitled to anything from the store, and not protected by the 1980 Act.

Also, store policies (and especially in chains) are almost always stated as "this does not affect your statutory rights"

IWJ

What situations exactly does 'fit for purpose' refer to then?

mattaiuseire

Everything I was going to say has been summed up above.

Lets say you bought the netbook as above, took it home, switched it on and found that the operating system wouldn't boot up, then that could be looked at as not fit for purpose.

Massive difference between the two and unfortunately the retailers aren't obliged to refund or even give you store credit if they don't want to unless there was a defect with the product which deemed it unfit. Most small to medium retailers will give you credit though just to keep up appearances. Some large retailers will refund you even if you're just unhappy with the product but there's nothing actually wrong with it, again to keep good public relations.

davo10

IWJ wrote: »

What situations exactly does 'fit for purpose' refer to then?

The purpose the item is described for use. You can't buy a fiesta and expect it to perform like a supercar if the purpose of your buying the car is to race other supercars. The example above about computers is the best example though, if you have a specific purpose in mind that requires a high speed processor, large memory, a particular operating system or a high spec graphics card, buying a computer with a low spec does not make it unfit for purpose, it just makes it unfit for your purpose and that is your fault for not buying the correct spec you need.

Varik

Only caveat is if you're told by the sales person that it will do what you want it to do or they suggest it after you tell them you're needs.

the_pen_turner

mattaiuseire wrote: »

Everything I was going to say has been summed up above.

Lets say you bought the netbook as above, took it home, switched it on and found that the operating system wouldn't boot up, then that could be looked at as not fit for purpose. your wrong. in that case the product is defective

Massive difference between the two and unfortunately the retailers aren't obliged to refund or even give you store credit if they don't want to unless there was a defect with the product which deemed it unfit. Most small to medium retailers will give you credit though just to keep up appearances. Some large retailers will refund you even if you're just unhappy with the product but there's nothing actually wrong with it, again to keep good public relations.

not fit for purpose means that the product is in perfectly working order but wont do what was claimed it would

lets say you bought a bottle jack that was advertised to lift 2 ton but when you went to lift 2 ton it wouldn't lift it or it broke doing so . then the product is not fit for purpose

K.Flyer

IWJ wrote: »

If after purchasing a product one finds that it cannot be used for the purpose that one had in mind when actually buying it, due to the inadequacy of the product itself, then it is not 'fit for purpose'. Is this correct?

If not, can you elaborate?

In the way you have described, it would seem that you have underestimated the designed ability of the product that you purchased, and that it was not up to the task that you required of it.
If you purchased without consultation with the seller and their advice as to the products capability, then the onus is on you to satisfy yourself that it is fit for the purpose that you intended to apply it to.

Maybe if you told us what you bought and had intended to use it for you could get more specific answers.

IWJ

Thanks for the info everyone! Really appreciate the input.