TJ Hughes refusing refund

Soniclord

My other half bought some clothes and some shoes yesterday from TJ Hughes and the clothes were too small and the shoes although they stated they're a size 6 didn't fit, they were only equivalent to a size 4.

So she took them back today with her receipt and they told her she couldn't have a refund because they were in administration so she could only exchange them (she wasn't told this at time of purchase) anyway she didn't have time to look for something to exchange them for and when she got home she told me they refused to refund her.

Anyway I looked here http://www.tjhughes.co.uk/pws/HoldingPage.htm and it clearly states the below, important parts relevant to us highlighted in bold.

Goods purchased after our appointment

Please note that for goods purchased from the date of appointment onwards, we will only give refunds on goods which:

• Are faulty or not of satisfactory quality; or
• Are not fit for the purpose for which they were sold; or
• Do not correspond with their description or price indication; or
• Do not correspond with the sample on display

AND

• Are returned within a reasonable time; and
• Are accompanied by a valid receipt or other proof of purchase

If goods are returned for any other reason, refunds or exchanges will be at the discretion of the store manager, however, please note that customers are not entitled to a refund if:

• they have simply changed their mind; or
• they have damaged the goods after they have purchased them; or
• they were aware of any defect prior to purchase.

This does not affect customers’ rights under the Sale of Goods Act 1979.

Basically the clothes and shoes were returned because they weren't fit for purpose (due to being too small) they were taken back within a reasonable time, 1 day!, and she did have a valid receipt. So they can't refuse her a refund surely?

Either way I'm going back in tomorrow with the page linked to above AND the Sales Of Goods Act (all 21 pages of it, overkill I know! lol) printed off and getting a refund for her which she is entitled to as far as I'm concerned or have I missed something?

And she also paid cash for them so it would be a cash refund they'd have to give.

wealdroam

These things were purchased in store?

If so, you had the opportunity to inspect them at the time.

I suggest that the quality of the goods is ok, and that your other half bought the wrong things.

Do TJ Hughes have facilities to try on clothes?
Can shoes be tried for size in store?

Soniclord

Yes they were purchased in store, every store you go in has the opportunity to inspect goods before you buy them (can't see how that's relevant though to be honest).

The quality of the goods is no doubt okay, but they are unfit for purpose.

Yes I do believe TJ Hughes do have the facilities to try clothes on BUT you shouldn't 'have to' try clothes on. And if they're advertised at a size 8,10,12,14,16 etc then that's what they should be. Some people just don't feel comfortable trying clothes on (or just don't want to) that doesn't mean they're not entitled to a refund.

EDIT: My other half just informed me there were no facilities to try clothes on in the store.

Shoes can be tried on in store I'd assume. But again you shouldn't have to try them on if they are clearly labelled as a size 6 and indeed do look like a size 6. That doesn't detract from the fact if they're not fit for purpose then you are entitled to a refund. The shoes are a size bigger than what my other half usually takes but even they're way too small.

Also regardless of TJ Hughes/The administrators T&C's they can't refuse a refund as the Sales of Goods Act 1979 over-rules they're T&C's, it also states on the back of the receipt that they will offer a full refund within 28 days and that statutory rights are unaffected.

arcon5

Your argument here would they do not correspond with their description. Not fit for purpose would imply to cannot be used as shoes. It does depend though if the item is supposed to conform to some sort of sizing regulations otherwise the size of the show may be that particular manufacturers standard size and therefore conforms to the items description.


The point above being made is you has the opportunity to inspect the goods and they could deem you to have accepted the size by purchasing them. You dont 'have to' try anything on in any shop, but if you choose the wrong size you do not have a statutory right to return either. Many items suchas clothes can vary in size despite whats stated on the label anyway so it's always wise to try items on -- although I always pressure my partner to check stores returns policy then try on at home so avoiding having to wait for her

mountainofdebt

Soniclord wrote: »

Yes they were purchased in store, every store you go in has the opportunity to inspect goods before you buy them (can't see how that's relevant though to be honest).

The quality of the goods is no doubt okay, but they are unfit for purpose.

Yes I do believe TJ Hughes do have the facilities to try clothes on BUT you shouldn't 'have to' try clothes on. And if they're advertised at a size 8,10,12,14,16 etc then that's what they should be. Some people just don't feel comfortable trying clothes on (or just don't want to) that doesn't mean they're not entitled to a refund.

EDIT: My other half just informed me there were no facilities to try clothes on in the store.

Shoes can be tried on in store I'd assume. But again you shouldn't have to try them on if they are clearly labelled as a size 6 and indeed do look like a size 6. That doesn't detract from the fact if they're not fit for purpose then you are entitled to a refund. The shoes are a size bigger than what my other half usually takes but even they're way too small.

Also regardless of TJ Hughes/The administrators T&C's they can't refuse a refund as the Sales of Goods Act 1979 over-rules they're T&C's, it also sates on the back of the receipt that they will offer a full refund within 28 days and that statutory rights are unaffected.

Only a man could come out with the comment that a size X in one store will be the same in a different store....this is the bain of women's lives and although the clothing industry have promised to get it sorted for YEARS, its still something that we have to put up with.

Same for shoes - the style has a big impact on what size a person can take.

Yes the clothes are fit for purposes - its just a case of them not fitting your OH and to try and use the Sales of Good Act is nothing more than clutching at extremely short straws.

(Text removed by MSE Forum Team)

Soniclord

arcon5 wrote: »

Your argument here would they do not correspond with their description. Not fit for purpose would imply to cannot be used as shoes.

Maybe print the page out and show it to the staff and see if they can do anything. Otherwise can she not just get the next size or two up..

The point above being made is you has the opportunity to inspect the goods and they could deem you to have accepted the size by purchasing them. Many items such as clothes can vary in size despite whats stated on the label anyway so it's always wise to try items on

If they don't fit then they can't be used as shoes can they lol.

You dont 'have to' try anything on in any shop, but if you choose the wrong size you do not have a statutory right to return either.

I am going to print out the page to show to staff. And my other half doesn't want to change them for the next size or 2 up. At the end of the day she's a size 5 and she shouldn't have to buy 1,2 or 3 sizes bigger than what she is just so they fit...

The point is not that the opportunity to inspect the goods and they could deem her to have accepted the size by purchasing them at all. Like i've already said you DON'T have to (nor can you be made to) try shoes on to ensure they fit, and if you get the home and they don't fit and you decide you want your money back then you are entitled to your money back.

arcon5 wrote: »

I always pressure my partner to check stores returns policy then try on at home so avoiding having to wait for her

And if she said she wanted a refund instead would you support her and help her to get what she's entitled to :T

Soniclord

mountainofdebt wrote: »

Only a man could come out with the comment that a size X in one store will be the same in a different store....

It was my other half (who is a woman...) that said that, so I'm afraid you're wrong

I will get a refund and the fact the clothes don't fit means they're not 'FIT' for purpose lol.

Esqui

Soniclord wrote: »

If they don't fit then they can't be used as shoes can they lol.

Yes they can. Just not by your OH.

TJ Hughes really aren't going to be swayed by you arguing over the SoGA, armed with a printout from the internet, for something that it doesn't apply to. They are in the middle of a huge closing down sale, clothes not fitting has never been a reason to return something under the SoGA - you can take them to court if you really want, but it'd be a waste of money.

You don't have a leg to stand on...at least, not one with a pair of shoes at the bottom.

mountainofdebt

Soniclord wrote: »

Like i've already said you DON'T have to (nor can you be made to) try shoes on to ensure they fit, and if you get the home and they don't fit and you decide you want your money back then you are entitled to your money back.

No you're not. Many stores do it as a guesture of goodwill - its not a right - please chek your facts before you make an (text removed by MSE Forum Team) of yourself.

Soniclord

You're forgetting that if you simply change your mind YOU ARE entitled to a full refund with 28 days EVERYONE has that right and I guarantee I will get those items refunded tomorrow.

Esqui

Soniclord wrote: »

You're forgetting that if you simply change your mind YOU ARE entitled to a full refund with 28 days EVERYONE has that right and I guarantee I will get those items refunded tomorrow.

No, you have no legal right to a refund if you change your mind.