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return of a fathers day gift that was too small

hi all ive not posted a query on here before so hope im doing it right.

i would appreciate some advice please. i bought a mens id bracelet for my husband as his fathers day gift from the children. when he opened it and went to put it on it was a bit on the small side. i looked on the site and they only do one size.
anyway i took it back today (21/6/2010) and told them i had bought it on satuday (19/6/2010) as a fathers day gift but it was too small. she examined it and i said you will find its in the condition i bought it in as he wasnt able to wear it.
she agreed the condition was fine but said i could only have an exchange as they do not do refunds!!
i said to her but i wasnt told this when purchasing and the reciept says 16 day moneyback guarantee and she ignored me and said did i want to look around and find something to exchange it with?:mad:
i had a look but there ws nothing i wished to exchange for. so i told her this and she just said i can give you a credit note then and you will have 3 months in which to spend it. she was adamant there was no cash refund available to me as it was not their policy.
my mum found a sign off to the side of the tills - not clear for viewing nor very well printed with something about exchanges but she said it wasnt very readable.
i am very angry as it was not clearly shown on any notice nor was i told when purchasing i wouldnt be able to get a refund should there be any sort of problem.
so please could you let me know are they right to do this please as to me it doesnt seem quite right.

many thanks in advance for your responses
«13

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You are not entitled to a refund if there is nothing wrong with the product.
    A credit note is more than you are legally entitled to.

    You should always ask questions before making a purchase if that is important to you.

    Sorry, not what you want to hear, I know.
  • wealdroam wrote: »
    Sorry, not what you want to hear, I know.

    OP is entitled to a full refund. If the shop does not give it, we at the Dog and Duck, on our normal terms, can facilitate a refund using out usual methods. We will also get Trading Standards involved. A week in the slammer for these scammers will not go un missed.
    mrsjago wrote: »
    my mum found a sign off to the side of the tills - not clear for viewing nor very well printed with something about exchanges but she said it wasnt very readable.
    Also, I would see an optician to see if your need goggles
  • mrsjago
    mrsjago Posts: 5 Forumite
    thanks for responses

    please could i just say to freddie that i did not appreciate the comment re goggles i came here looking for clear advice regards my rights. the sign was not placed in clear view for people to see and was very small writing - end of the day whether you wear glasses or not i believe shops should have a notice in clear view stating we only give exchange we do not refund. i have seen it in places before so do not see why it can not be displayed by all businesses that do not provide refunds or at least have staff inform customers.

    i am also not happy that a reciept says 16 day money back guarantee yet there are no details stating only if faulty etc.

    it appears there are conflicting responses to my post so i will leave the situation as it is thanks
  • The default position is that posted in post #2 from Wealdroam.

    There is no need for them to have anything else on show unless it is in addition to your statutory rights.

    I would certainly pursue the Money Back Guarantee bit, ask what it refers to etc?
    Thinking critically since 1996....
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    mrsjago wrote: »
    i am also not happy that a reciept says 16 day money back guarantee yet there are no details stating only if faulty etc.
    Guarantees usually come into effect when a product is faulty.

    I imagine their guarantee is saying that if you find a fault in the first sixteen days they will give you your money back.

    I am sure that guarantee is not saying " if you change your mind in the first sixteen days we will give you your money back".

    You should always assume any purchase is final, unless an exception is posted... Not the other way around.

    :beer:
  • Abbafan1972
    Abbafan1972 Posts: 7,215 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I bought my husband a watch from H.Samuel for Christmas and despite being a gents watch it didn't fit round his wrist.

    There wasn't anything hubby fancied at the time, so they gave us a refund no problem.

    Is this a small independent retailer we're talking about?
    Striving to clear the mortgage before it finishes in Dec 2028 - amount currently owed - £10,153.44
  • mrsjago
    mrsjago Posts: 5 Forumite
    wealdroam wrote: »
    Guarantees usually come into effect when a product is faulty.

    I imagine their guarantee is saying that if you find a fault in the first sixteen days they will give you your money back.

    I am sure that guarantee is not saying " if you change your mind in the first sixteen days we will give you your money back".

    You should always assume any purchase is final, unless an exception is posted... Not the other way around.

    :beer:

    i appreciate what you are saying but it wasnt i changed my mind the item was too small for his wrist so no use to him as he couldnt wear it. thank you though for your reply
  • mrsjago
    mrsjago Posts: 5 Forumite
    I bought my husband a watch from H.Samuel for Christmas and despite being a gents watch it didn't fit round his wrist.

    There wasn't anything hubby fancied at the time, so they gave us a refund no problem.

    Is this a small independent retailer we're talking about?

    no it was hpj jewellers it was a mans id bracelet but unfortuanately was too small for his wrist :(

    what is annoying is a couple of years ago i bought something which was no good for the person i bought it for and they refunded no problem but seems they have changed but do not make it clear. i wish i had known as would not have purchased from there.
  • wealdroam wrote: »
    I am sure that guarantee is not saying " if you change your mind in the first sixteen days we will give you your money back".

    it depends what the product is and if it can be resold. When I did our blinds, I was left with a complete unused pack of vertical blinds, un opened. I just went back, explained and they refunded nicely, though to the card used when purchashed. Shop did not have to do this.

    One gathers the nature of a fathers day gift, this cannot be sold after the day.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    Being too small gives you the same rights as changing your mind, none. Id research the guarantee a little more.

    As said you dont have a statutory right to anything, not even a credit note. But if this guarantee simply states money back guarantee and does not stipulate any terms etc, then id argue this was a condition of the sale and they must legally honour it. But if it does refer to faulty goods then id grab that credit note and maybe sell it to somebody who may use it.
    Back by no demand whatsoever.
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