wrong-sized gift

fudgit-budget

Hi all,
my son was given a wet-suit for his birthday, but we need to get the next size up so I email the company with the order reference to get a "returns" reference as they direct. I have been told that because it was bought more than 14 days, they don't have to exchange, but would as a goodwill gesture if we paid them £5.00
I returned an email asking if they would charge if we were asking for a refund instead and they said they wouldn't offer a refund because it had been more than 14 days since purchase.
This seems totally unfair!! Do I really have to pay them £5 to exchange?
I have had a quick search here but can't find an answer from any other posts, so an idea of my rights would be great before I have to go cap-in-hand back to the Grandparents who gave it to him.
Thanks : )

Optimist

Rights, you don't have any in the circumstances as explained by yourself.

Pay the £5 the retailer seems eminently reasonable to offer you an exchange on that basis and no they don't have to.

esuhl

From (may fallible) memory... The Sale of Goods Act states that if the goods are not "as described" (e.g. if the wetsuit was sold as a 32" waist, but actually measures 25") then you would be entitled to a refund/replacement. The same applies if the goods are faulty or below the quality that "a reasonable person" would deem acceptable.

Failing that, the Distance Selling Regulations mean that you can return an unused item within a certain time (I think it's 7 working days) for a refund without having to give any reason.

Unfortunately it looks like you aren't covered by either legislation so the shop don't have to do anything. Their "good will" offer to exchange the wetsuit for £5 sounds like the best you can hope for.

fudgit-budget

Ok, thanks for that guys, a really helpful and informative post esuhl, it looks like that's what I'll have to do : (
"Optimist" - that's ironic right??
; )

Optimist

fudgit-budget wrote: »

Ok, thanks for that guys, a really helpful and informative post esuhl, it looks like that's what I'll have to do : (
"Optimist" - that's ironic right??
; )

Sorry you didn't appreciate the factual answer.

I could have told you about the Distance selling Regs or SOGA but as it wasn't relevant given the information in your post there was no point.

Optimism doesn't preclude practicality

fudgit-budget

I think the with differences in the tone of your posts ( yours and esuhl's) - both telling me exactly the same information - it just struck me as funny that's all
I appreciate your time and honesty
: )

gordikin

I didn't read any adverse tone in Optimist's post. In my opinion it was brief, factual and to the point...a bit like this one! :rotfl:

nomoneytoday

IMHO £5 seems reasonable to cover admin and p&p