return of a fathers day gift that was too small

heretolearn_2

The shop is not doing as it pleases. It is complying with the law. The law is that you can get a refund if the product is faulty. That's it. that's the only situation under which shops are required to make a refund.

Shops don't have to put up signs saying that they comply with the law. And why should they go out of their way to inform every customer of this?

The legal situation is, no fault, no refund. Assume that is the case in every single shop unless they've told you otherwise.

adam.mt

I think that's the thing - so many shops now offer unconditional refunds for if you change your mind that people are used to it being the norm, and surprised when a shop doesn't offer that (I've been guilty of this too and felt angry when stuck with a purchase I no longer want or is unsuitable). As has been stated a number of times however, legally you're not entitled to a refund unless the goods are faulty or fail to meet their description. Being the wrong size is neither of these (unless it gave a measurement which is incorrect).

It would be useful to know the exact wording of the '16 day guarantee' on the back of the receipt since this may help (it will form part of the sales contract), however the word "guarantee" by itself implies coverage against a fault and not an entitlement to a refund for changing your mind or the goods not being suitable for a purpose the retailer wasn't made aware of a point and time of sale.

OlliesDad

adam.mt wrote: »

IIt would be useful to know the exact wording of the '16 day guarantee' on the back of the receipt since this may help (it will form part of the sales contract)

As the receipt is only provided after the contract has been formed, it will not form part of the contract, unless the terms are available prior to purchase.

DCFC79

mrsjago wrote: »

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.

the fact it was too small isnt they're fault, an exchange is your most likely option. You cna only get a refund on stuff if its faulty but some shops do give a refund

KeithP

mrsjago wrote: »

...it was a mans id bracelet...

An id bracelet.

Was this engraved with his identity? Customised goods may be treated slightly differently.

Freddie_Snowbits

mrsjago wrote: »

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.

I take it you wanted us all to say you are entitled to a full refund and recompense for your mistake? Post 2 answered the query clearly for you.

Unfortunately, It is the goodwill of the store that you may get.

pinkshoes

As the ID bracelet isn't faulty, then the shop doesn't even have to offer you a credit note or exchange, so they are actually being rather generous!

You could only get a refund if it was faulty.

Andy_L

Abbafan1972 wrote: »

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?

I'd suspect an ID bracelet has been engraved, if so I'm surprised they even offered an exchange

mumOf2wonderfulkids

mrsjago wrote: »

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.

i used to work for HPJ jewellers (for my sins!)

yeah they did used to have a refund policy but it was changed a few years ago, the reason they had a refund policy was that they made customers pay for items before they could see it (staff were behind glass so to prevent theft of goods you had to pay for it first) when they took the glass down they changed the way they do things, instead of paying for it first, a member of staff would go out into the shop with the item. so they deceided to get rid of the refund policy.
you have no legal right to a refund (unless its faulty) so if you change your mind or it doesnt fit you can only have an exchange but if you buy earrings you dont even get an exchange!

adam.mt

OlliesDad wrote: »

As the receipt is only provided after the contract has been formed, it will not form part of the contract, unless the terms are available prior to purchase.

Whoops! Quite correct, although you're probably find the same '16 day guarantee' thing posted in the shop somewhere. But absolutely correct if it's not available to see before purchase.