Have been refused a refund for faulty goods - can they do this?

clarity

My daughter purchased two items of clothing yesterday from High Street retailer Miss BizyBody. When she got them home, I immediatley noticed a fault with one of the items and on closer inspection the other item ( a pair of jeans) had really shoddy seams.

I tried to take them back today for a full refund but they have refused. They did offer to replace the items but my impression was that I could request a refund instead?

Can anyone clarify the position on this? I know that the retailers have to offer to either repair, replace or refund, but do they get to choose which option or as a consumer do we have the right to request our preferred choice?

Many thanks

LinasPilibaitisisbatman

Why don't you want a replacement?

In this case I would say you have been offered a reasonable conclusion.

clarity

Hi, I had a look at the replacement items and the quality was still an issue. I appreciate that this would be deemed a matter of opinion but just wanted to fully understand the letter of the law.

I didn't think that the retailer could refuse a refund for faulty goods.

Mandy11

You are definitely entitled to a refund. The problem with accepting goods in exchange is that you may no longer have any confidence in their quality. Download the leaflet on your rights from trading standards (consumer direct now?) and take it with you to demand a refund. Really shoddy seams cannot be your fault as opposed to theirs - you shouldn't have a problem and insist on seeing the manager if you get nowhere with the staff on the counter. Let us know how you go on.

LinasPilibaitisisbatman

A lot depends on the cost etc.

The OP isnt saying they are faulty but instead not as good quality as they would like.

Well if they cost £3 and they are expecting premium quality then they have no case, if their expensive then maybe.

zootscoot

The Sale of Goods Act (s.14) refers to satisfactory quality as oppose to freedom from defects.

What is satisfactory will depend on the price paid and circumstances and in a consumer sale whether a reasonable person would have accepted the goods at the price stated knowing of the impairment in quality.

The right to a refund is the general remedy. The right of replacement or repair are additional remedies available only to consumers. If you use your right to a replacement you may lose your right to refund.

see further info here:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

Art_2

You are entitled to a refund as the goods are not of satisfactory quality.

Regards,
Art.

phlogeston

Art wrote: »

You are entitled to a refund as the goods are not of satisfactory quality.
Regards,
Art.

The goods may be of satisfactory quality - this is dependent on many things, including the price.

Seams, stitching, finish etc may be perfectly satisfactory based on the price paid. The OP says that the problem was obvious on inspection, therefore the goods are clearly OK regarding satisfactory quality.

Read the exceptions in the relevant legislation before you make such a general statement.

(2A) For the purposes of this section and section 5 below, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

AND

3) The condition implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a) which is specifically drawn to the transferee’s attention before the contract is made,

(b) where the transferee examines the goods before the contract is made, which that examination ought to reveal, or

(c) where the property in the goods is transferred by reference to a sample, which would have been apparent on a reasonable examination of the sample.

The OP was able to examine the goods and immediately see the problem, so the goods are of satisfactory quality.

The only issue is therefore, whether the items are faulty.

The OP says that 1 item was faulty (but gives no detail). If there is a fault with the item, then there is the right to reject the goods and insist on a refund.

Art_2

phlogeston wrote: »

The goods may be of satisfactory quality - this is dependent on many things, including the price.

Seams, stitching, finish etc may be perfectly satisfactory based on the price paid. The OP says that the problem was obvious on inspection, therefore the goods are clearly OK regarding satisfactory quality.

Read the exceptions in the relevant legislation before you make such a general statement.

(2A) For the purposes of this section and section 5 below, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

AND

3) The condition implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a) which is specifically drawn to the transferee’s attention before the contract is made,

(b) where the transferee examines the goods before the contract is made, which that examination ought to reveal, or

(c) where the property in the goods is transferred by reference to a sample, which would have been apparent on a reasonable examination of the sample.

The OP was able to examine the goods and immediately see the problem, so the goods are of satisfactory quality.

The only issue is therefore, whether the items are faulty.

The OP says that 1 item was faulty (but gives no detail). If there is a fault with the item, then there is the right to reject the goods and insist on a refund.

Appearance is an important part of this problem. From my experience the OP would be entitled to a refund. If this ended up as a Small Claim she would win in court.

Regards,
Art.

OlliesDad

Art wrote: »

Appearance is an important part of this problem. From my experience the OP would be entitled to a refund. If this ended up as a Small Claim she would win in court.

Regards,
Art.

That said if the problems were obvious by reasonable inspection when the OP purchased them, they are surely accepting the items in that condition at that price.

If its a case that the customer is not happy with the items (and how they are made) rather than the item being defective, they will not be entitleed to an automatic refund and would be down to the shops returns policy.