please help!! battling over shop return

chunkymonkee

Hi all,
Im hoping some folk out there have got some good advice regarding my consumer rights, Ive been on doing an internet search and its not so black and white.
I bought my little girl a trouser suit (aged 6) from a boutique that I have used before and spent quite alot of money over the years. The shop assistant at the time showed me the suit and I voiced my concerns that it didnt actually look like it was the correct size for age 6 and my concerns that it would fit as it was quite alot of money. The shop assistant assured me (witnesses available) that if it didnt fit I could return it no problem.
Big problem, it didnt fit the top and the trousers seemed completely different sizes and the fit was awful, I took it back to the shop and was then told NO WAY would they accept it, I explained that I had been a very good customer in the past and that I was told that if didnt fit, return it no problem. They then relented and told me ok, they would give me a credit note, there wasnt anything else in the shop in an age 6 so this was not a reasonable conclusion, (think they have sold off most of their summer stock and now only stock left for babies), I thought that if a shop refused to give a refund for any goods bought they should have a notice up to make customers aware or at least tell every customer that makes a purchase. I dont know what to do next.

Sandoval

Shops don't have to exchange goods unless they are faulty.

So to clarify your daughter didn't visit the shop with you to try on the item?

Judas

So you were told you could return it which you can. They didnt stipulate a refund was included.

chunkymonkee

no, she didnt she was at school. I live in a village and this boutique is in a town approx 10 miles away.
Im just so mad at them mainly because I voice my concerns and then to be told to return it if it didnt fit, its just beyond rude, I now feel that they have just been desperate for a sale at any cost by telling the customer anything. Also even it were faulty they said all they would offer is a credit note so I should be grateful!!

Mankysteve

Agreed with above. As their there's no legal right to refund if you just don't like something. It'll be your word against there's.

gordikin

Sandoval wrote: »

Shops don't have to exchange goods unless they are faulty.

So to clarify your daughter didn't visit the shop with you to try on the item?

So to clarify:-

Did you miss the bit where the OP queried the size in front of a witness and were advised that they could return it?

Sandoval

gordikin wrote: »

So to clarify:-

Did you miss the bit where the OP queried the size in front of a witness and were advised that they could return it?

No I didn't miss it, just wanted some clarification.

You see where I get a little confused is why any parent would take the word of a shop assistant who has never seen their child over whether an item of clothing will fit their child or not.

The person is question's opinion was that the item of clothing would not fit their child, the one they live with and see every day, buy other clothes for and so on.

A shop assistant, who again has never seen the child (for six year old children come in all different sizes), told the parent that the item of clothing would in fact fit, against in spite of never having seen this child.

Now I'm just gonna throw this one out here: why would anyone trust the opinion of a shop assistant who has never seen the child over their own opinion?

Googlewhacker

chunkymonkee wrote: »

no, she didnt she was at school. I live in a village and this boutique is in a town approx 10 miles away.
Im just so mad at them mainly because I voice my concerns and then to be told to return it if it didnt fit, its just beyond rude, I now feel that they have just been desperate for a sale at any cost by telling the customer anything. Also even it were faulty they said all they would offer is a credit note so I should be grateful!!

The general gist of SOGA is that if it is faulty within a reasonable period (clothes IMO would be 1 week from purchase to test they are not faulty) then you could argue you are entitled to a refund, then upto the first 6 months if it goes faulty it is the retailers responsibility to prove that the customer damaged the product or it was faulty due to fair wear and tear...if they cannot do this then there is not a right to a refund and the retailer has he option to replace or refund the product.

chunkymonkee

so my only choice now is to take a credit note, even tho they are not now stocking any clothes for age 6+, If you guys, know all about this and this is for the best I will phone them tomorrow and ask them to post it out to my home address. I am really grateful for all the advice though its not really in my favour BUT it has made me sit up and take notice that I WILL NEVER listen to a sales assistant again and take them at their word, a return should mean a return. I mean this shop is so exclusive that it has the owner and 2 assistants, (who do not work at the same time). I will definitely stick to the big stores from now on. Thanx

chunkymonkee

to sandoval,
I have used this shop many times and havent had a problem, I wasnt sure of the sizing as anyone buying from boutique rather than department stores, the sizings are completely different ( european, usa etc etc) Of course I wouldnt take the word of a shop assistant or rather advice of a shop assistant regarding my own child over my own judgement, BUT it is reasonable to voice concerns over sizing when not standard british sizes. It was a reassurance from the shop assistant that IF IT DIDNT fit that it could be returned. 'take it home and try it, if it doesnt fit return it' QUOTE.
It may have been an error of judgement on my part but not because I took her word or opinion over my own but I did trust her word.

dfh

It is a shame but I guess we all learn from our mistakes.Can you not write a letter to the owner explaining what has happened and requesting a refund?