please help!! battling over shop return

Sandoval

You're the child's mother, I'd venture that in her absence you are probably the best qualified person in the world to decide whether or not an item of clothing fits her.

You saw the item in the shop, and didn't think it would fit your daughter. You bought it anyway. You took it home and, surprise surprise, it didn't fit your daughter.

Next time trust your instincts.

Coming back to the original point, unfortunately all the witnesses in the world are not going to alter the regulations surrounding the return of goods.

The shop doesn't have to exchange the item unless it is faulty. It isn't faulty, just the wrong size.

So if the shop isn't willing to budge and take the item back then you are stuck with the item unless they decide to take it back out of goodwill.

chunkymonkee

well I did ask to speak to the owner even via telephone but have been told that she is on holiday and wont be returning late next week. Will just cut my losses and never shop there again.

gordikin

The 'shop' ie the shop assistant said they could return it (in front of a witness) which is additional to your Statuary rights...so where is the problem? The shop offered more rights than they are required to (witnessed, as per OP) therefore they should abide by it.

dfh

chunkymonkee wrote: »

well I did ask to speak to the owner even via telephone but have been told that she is on holiday and wont be returning late next week. Will just cut my losses and never shop there again.

I would still write to the owner to let them know what has happened.At least, they should be made aware.Sometimes,owners may not be aware of what the staff are doing.

ThomasK31ly

Sandoval wrote: »

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

or unless they made an agreement that if the item did not fit, they could return it without any problem.

KeithP

gordikin wrote: »

The 'shop' ie the shop assistant said they could return it (in front of a witness) which is additional to your Statuary rights...so where is the problem? The shop offered more rights than they are required to (witnessed, as per OP) therefore they should abide by it.

Totally agree.

OP why haven't you challenged the shop with your witness?

As Gordikin says, you do have the extra right. This additional right was given to you at the time of sale in front of witnesses.

The only difficulty might be if there is a misunderstanding on whether returning the goods would result in a credit note or cash refund.

jd87

KeithP wrote: »

As Gordikin says, you do have the extra right to a refund. This additional right was given to you at the time of sale in front of witnesses.

She was told she could RETURN it. That doesn't imply a promise of refund.

[EDIT] Ah I see you see that now. Think our posts crossed.

Zandoni

Try my method, go back to the shop at a very busy time, make sure you are at the till and ask for the manager.

Explain to the manager that you were promised a refund, ensure that other customers hear you. If the managers still refuses just stay there putting your case for as long as possible. Be assertive but not rude.

If you make a big enough nuisance of yourself they will give you a refund to get rid of you.

Ignore people on this forum who are always on the shops side, I think they get a kick out of it.

Pollycat

Zandoni wrote: »

Try my method, go back to the shop at a very busy time, make sure you are at the till and ask for the manager.

Explain to the manager that you were promised a refund, ensure that other customers hear you. If the managers still refuses just stay there putting your case for as long as possible. Be assertive but not rude.

If you make a big enough nuisance of yourself they will give you a refund to get rid of you.

Ignore people on this forum who are always on the shops side, I think they get a kick out of it.

But was the OP actually promised a REFUND?
I'ver re-read her posts and all I can see is the mention of a RETURN being allowed - which they don't legally have to do anyway if it's just a case of 'it won't fit' or 'I don't like it now that I've got it home' or 'I've changed my mind'.

It's not a case of 'being on the shops' side, is it?
It's what's actually right acccording to the law.
And this shop doesn't LEGALLY have to refund the OP.

However, if the OP is as good a customer as she says, I would have thought they may have considered giving a refund as a good-will gesture, under the circumstances.

OP:

I will definitely stick to the big stores from now on. Thanx

Don't put yourself in the same situation again by thinking that ALL 'big stores' give refunds - not all do.
Check the returns/refund policy in each store before you buy.

pendulum

Pollycat wrote: »

I'ver re-read her posts and all I can see is the mention of a RETURN being allowed - which they don't legally have to do anyway

They do legally have to accept the return if they said they would before the sale as their vow becomes part of the sales contract. This is something Sandoval hasn't grasped yet either.