"fit for purpose" definition of consumer rights

jen1_elli

hi!
I just wanted a bit of advice....
i bought some trousers for my brother for his birthday, I told the man in the store my brother's waist and height measurements and said I wasn't sure what size he needed, the man assured me that a large would fit him....
the trousers are absolutely huge, not just a bit big, but comically large on him!
So i returned them, advised the same man that they did not fit and requested a refund....he declined and offered either an exchange or a credit note.....there were no smaller sizes in the trousers I wanted and nothing else in the store I wanted to buy, so I maintained that I would like a refund, he continued to refuse.
So I left advising him that I wanted to look into my rights....
I understand that if I had purchased the wrong size myself that I would be at fault....however, because the man assured me that the trousers would fit based on my brother's measurements....does this come under "unfit for purpose"? I wouldn't have bought the trousers had the man not told me that they would fit, have I got a leg to stand on?? Any help would be greatly appreciated as this man was unmoveable!
thanks!

fluffnutter

I'm sure I've seen stuff on these boards before about buying purely on the recommendation of a sales assistant and how that can help you in obtaining a refund, but I'm not totally sure about it.

If you ask question X, and in receiving response Y decide to go ahead with your purchase, yet Y turns out to be fallacious, AFAIK you have grounds for your money back.

However, it might well come down to 'his word against yours' and be difficult to pursue satisfactorily. Hopefully someone can confirm.

Esqui

Any item has to be fit for purpose - even for things you wouldn't normally use for. For example, a television is mainly for the purpose of watching and hearing TV broadcasts. If it didn't, it wouldn't be fit for purpose. If you asked a sales person "Will this TV make me a cup of tea?" and they say "Yes", if the TV then doesn't make a cup of tea, it would not be fit for purpose - even if that seems obvious!

So it would seem in this case, that it would not be fit for the purpose specified (i.e. to act as a pair of trousers for your brother). But as fluffnutter says, it's your word against theirs. You could try appealing to their better nature - for the price of a refund on a pair of trousers, they could have your custom again. Or not.

arcon5

They can still be used as trousers so are fit for purpose.

Your argument would be on the grounds of being mis-sold the item. Is there anyway a smaller size will be available in stock in the not so distant future? If not, I can't see why you wouldn't be entitled to a refund.

Forwandert

My understanding is an item is fit for the purpose it was designed and advertised as being for, which doesn't necessarily mean it will be fit for the purpose the consumer buys it for, however that is the consumers problem.

fluffnutter

I think worrying too much about the definition of the phrase 'fit for purpose' is a bit of a red herring. I've certainly read that, as Esqui says, if you ask the sales person whether your goods are going to do X, they say 'yes' but it turns out they don't, you have the same rights as if they were faulty. I don't know if that makes them 'unfit for purpose' or not, but I'm pretty sure you can get your money back.

Here's some words about 'fit for purpose' from the OFT website...

if a customer says - or when it should be obvious to the retailer - that an item is wanted for a particular purpose, even if it is a purpose the item is not usually supplied for, and the retailer agrees the item is suitable, or does not say it is not fit for that purpose, then it has to be reasonably fit.

I'm not sure this is hugely relevant in this instance. Rather I think the rules around goods 'matching the description' are more pertinent...

It is important that you know what is being said about the goods you sell because these statements form part of your contract with your customer. For example, if an advert says that a pair of shoes is waterproof and a customer wears the shoes and finds they are not waterproof, then the item does not match the description.

.. the description being, in this case, 'yes, these trousers will fit someone of the size you've given me'.

Either way... it's money back time!

wealdroam

OP, it appears the goods were not as described.
I.e. They were described as fitting a person of the size you gave. They did not.

MSE's Consumer Rights article gives a similar example...

DO check suitability before buying

The 'As Described' part of the SadFart rules is crucial.
Imagine you buy speakers for your TV, take them home and they don't connect to your specific television.
If you've proof (take notes if possible) the store said “it'll work with your telly” then it's not as described, so you can return it. Yet if you didn't ask, and it's not in the literature, and the speakers still work if correctly plugged in, it's your problem - not the store's.

As others have said... it may well come down to a discussion about "who said what".