Shop will not exchange or refund...

PocoLocoCoco

Hi,

I bought a dress last week from a high street 'fashion' retalier.
When I went to wear the dress I noticed it was covered in make up on the inside. I guess that it has been tried on before and the person left half their make up on the dress. I thought oh I am sure it will wash off so I went to put it on anyway an it did not fit.

Today I went to exchange it for a different dress altogether as they didn't have the same one in a smaller size. The customer assistant said she would not refund, exchange or do anything for me as it is not in a resellable condition. I fully understand that they cannot re sell it but the dress is no use for me whatsoever.

I accepted what the assistant said and walked away with the dress but I now wonder what my rights are.

Thanks

reehsetin

unfortunately you have no rights unless the dress is faulty - if it is faulty they might just be able to give you a replacement, anything else is goodwill

sarahg1969

OP, did you actually explain that you were returning the dress because it was faulty, or did you tell them that it did not fit?

PocoLocoCoco

Thanks

Yeah, I thought there would not be much I could do.
I will be careful if I purchase from there again.
I might write a letter to their head office for what its worth, just to express my disappointment as I am now out of pocket and stuck with a dirty dress that is unsuitable for me.

I told them I wanted to exchange it as it didn't fit and also as I realised it was stained. I said I would have taken the same one in a smaller size but as they did not have I picked something else.

sarahg1969

You should have just told them it was stained - that's a good enough reason for a refund/ecxhange.

davetrousers

As you didn't make a fuss it's likely that they will not remember you. Go back again and see a different member of staff and try again mentioning the marks/stains.

missymugwump

Actually if it's a fault you should have been expected to see at time of purchase you are not entitled to return it as faulty

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.
(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—
(a)which is specifically drawn to the buyer’s attention before the contract is made,
(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

Source sale of goods act amended
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_2#pt2-pb1-l1g2

missymugwump

sarahg1969 wrote: »

You should have just told them it was stained - that's a good enough reason for a refund/ecxhange.

Sadly not

Kaleidoscope27

Unfortunately, since you didn't notice the stain at the time of purchase, the staff may not believe you when you say it was there when you bought it. By all means go back and ask (don't be afraid to speak to a member of management) but don't expect anything. Good luck.

gordikin

I'd be arguing that make up stains is not something I should be in the normal course of events checking for. What next should we check for skid marks on the inside of trousers? Obviously shop floor staff have missed the make up stains too. Shop floor lighting isn't always the best and colours can look quite different in natural light and the make up stains could easily be missed.

baza52

PocoLocoCoco wrote: »

Thanks

Yeah, I thought there would not be much I could do.
I will be careful if I purchase from there again.
I might write a letter to their head office for what its worth, just to express my disappointment as I am now out of pocket and stuck with a dirty dress that is unsuitable for me.

I told them I wanted to exchange it as it didn't fit and also as I realised it was stained. I said I would have taken the same one in a smaller size but as they did not have I picked something else.

so where is the problem?