am i entitled to my money back help please

reeree

i bought a dressing gown from a local shop for one of my husbands xmas presents, i asked for a large but didnt notice until he opened his presents that it was a medium and didnt fit, i took it back but they wouldnt give me my money back, only a credit note, as they have no dressing gowns in his size its useless to me as there is nothing else i want from there, are they in there rights not to give me my money back,

Colliefrog

Not all stores have a money back guarantee. They are not legally obliged to. Most stores will give you a refund if you have the receipt, but again, they don't have to.

stugib

But if they asked for a specific size and were given the wrong one, then the shop has to take some responsibility too. Although the OP had the opportunity to double-check, this isn't just a case of them changing their mind.

reeree

does that still count if they gave me the wrong size or is it up to me to notice, i just assumed theyd given me the right one and wrapped it up without looking

viktory

stugib wrote: »

But if they asked for a specific size and were given the wrong one, then the shop has to take some responsibility too. Although the OP had the opportunity to double-check, this isn't just a case of them changing their mind.

Playing devils advocate - how can the OP prove they asked for a large? Fact is they can't and the shop does not have to offer a refund unless the item is faulty. As far as the retailer is concerned the OP has changed her mind.

OP - yes you should have checked. I bet you will in future!

Hang on to the credit note, hopefully they'll get something in stock that you'll want to buy.

mountainofdebt

We were talking about this in our law class last night and apparently there is some EC directive / law that now states that this is illegal. If I have time I will try and google it for you, alternatively I will ask my law lecturer next week.

reeree

mountainofdebt wrote: »

We were talking about this in our law class last night and apparently there is some EC directive / law that now states that this is illegal. If I have time I will try and google it for you, alternatively I will ask my law lecturer next week.

thanks it would be great to have it clarified once and for all

Blacksheep1979

Whether or not it is illegal (or more likely unlawful) doesn't really matter if you can't prove it. I'm sure they must be able to get a dressing gown in a large size.

bingo_bango

It's also immaterial in this case. As you have accepted a credit note, the law would see this as a resolution, and allow you no further recompense.

As mentioned above, it would be your word against the retailer. As a civil issue, it's decided on the balance of probabilities. Who would a judge believe?