Shop refused refund

cocolgooh

We bought a tent from a shop yesterday afternoon. When we got it home and attempted to put it up, we found that the tent in the bag was a one man tent. The packaging advertised it to be a three man tent. The poles were the right size for a three man tent and everything else was also correct for a three man tent. However, the tent is a one man tent measuring half the size specified for the tent to be.

We took the tent back last night and they said they can't accept it back for refund or exchange because we should have checked the size of the tent in the shop and that it had been removed from it's original packaging so they didn't have to accept it back.

My questions are as follows:
How should we have checked the size in the shop? Were we meant to get the tent out and put it up before purchasing or something stupid?
As far as we were aware, we wanted the product so we took it out to put it up and it was the wrong one in the packaging so can they then refuse to give us our money back when the product in their sealed packaging was wrong?
How do we go about getting some sort of resolution out of this if they won't accept it back but we can't use the product?

Auntie-Dolly

How silly! Go back to the shop, explain that the item in the box is incorrect & you want a refund or the correct item. Keep calm, tell them you are within your rights to expect the item in the box to be the one advertised. Do not leave until you get what you want.

prowla

You bought something in a sealed packaged that was labelled as being one thing, but when you got home and opened it you found that it was something else.

Of course you only found out when you opened it.

And you absolutely can take it back to the shop and get a refund.

The person who dealt with you may not have understood what you were saying and may have thought that you bought the wrong item by mistake and were asking if you could exchange it; the response was appropriate for that.

However, what you have is that you did not receive the item you paid for; it was incorrectly packaged and you could only have found out when you opened it.

Hopefully it is a misunderstanding on the store's part.

(Best to explain it carefully and politely, and stay polite throughout.)

cocolgooh

We even tried ringing their management and had the same response; "You opened it, therefore no refund" which I thought was pretty stupid. We explained that we bought a three man tent, paid for a three man tent but inside the packaging was a one man tent with the accessories for a three man. As long as what I'm saying here is right, that we should get a refund or exchange under the circumstances, what are we meant to do if they refuse again? We had the receipt with us and explained but they seemed uninterested.

Hintza

Send them a letter before action. And tell them you will be taking them to the small claims court.

Not much else you can do.

shellsuit

Was it a chain or independant shop?

vax2002

You make 1 last visit and insist that you speak to the senior person in charge, adamantly you state that you are offering them 1 and 1 chance only to rectify the situation immediately, You have a letter written which you place in to the hands of the person speaking to you if they refuse.
You head your letter as
Notice before action:
That you have attempted to exercise your right to the sale of goods act and the seller has refused to accept you have a recourse on 3 separate occasions, that this letter constitutes a final conclusion in the negotiations with the seller, that now a action of recourse shall be commenced in the county court to recover the value and costs incurred by the seller in selling goods which are not as described.
That they should seek immediate legal advise upon the implications of refusing you a refund or goods as described.

---

Place the name of the sellers in top left in capitals and your name and contact details at the foot of the letter.
Bet you don get home before the phone rings
Place it in a envelop marked "served Legal Documentation" and take a camera phone picture of it been left with the sellers, make sure it is handed to someone in authority.
If they ignore it, apply to the court on line and keep track of your expenses, the case will be a very easy win.

somethingcorporate

vax2002 wrote: »

You make 1 last visit and insist that you speak to the senior person in charge, adamantly you state that you are offering them 1 and 1 chance only to rectify the situation immediately, You have a letter written which you place in to the hands of the person speaking to you if they refuse.
You head your letter as
Notice before action:
That you have attempted to exercise your right to the sale of goods act and the seller has refused to accept you have a recourse on 3 separate occasions, that this letter constitutes a final conclusion in the negotiations with the seller, that now a action of recourse shall be commenced in the county court to recover the value and costs incurred by the seller in selling goods which are not as described.
That they should seek immediate legal advise upon the implications of refusing you a refund or goods as described.

---

Place the name of the sellers in top left in capitals and your name and contact details at the foot of the letter.
Bet you don get home before the phone rings
Place it in a envelop marked "served Legal Documentation" and take a camera phone picture of it been left with the sellers, make sure it is handed to someone in authority.
If they ignore it, apply to the court on line and keep track of your expenses, the case will be a very easy win.

No offence but your letter would sound like it was written by a 5 year old with all the spelling and grammatical errors. Perhaps get someone to proof read it first? Half of it doesn't even make sense. Why would you be recovering the sellers costs? You've tried to write something official sounding and are just so far off the mark!

pinkshoes

I'd go back and insist on speaking to the manager. If the manager still won't give you the correct tent or a refund, then take their name, and explain to them that you will be taking the shop to court.

I would then send them a "letter before action", detailing the problem in writing, and giving them one final chance (14 days) to refund or give correct tent, otherwise you'll be taking them to court.

NoSatisfaction

How much was the tent?

If it was over £100 and you paid by credit card just call up the credit card co and ask for a section 75 refund.

If it was a visa debit card then try a charge back via your bank.

If the above does not match your situation and the shop continues to act like an !!! then take them to the small claims court and involve your local council's trading standards.

vax2002

somethingcorporate wrote: »

Perhaps get someone to proof read it first?

Dumb Troll !!
Glass houses or stones