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returning an unwanted item - do i have any rights?

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Hi,

Ive gone and got myself in a real pickle, i somehow got cajooled into having my hair curled on Saturday by a mobile stall set up in a local shopping centre.. when i say cajooled i know i couldve said no but i didnt which is where my problem lies.
She curled the side of my hair then said would you like to buy this model or that model at this price or that price etc, then she said she would finish my hair for me - so there im sat with half my head straight and half my head in a long cascade of curls feeling a right idiot (unassertive idiot i might add) handing over my debit card for the sum of £150 for something i didnt want but yet somehow couldnt get up and leave.
Im not usually such an idiot, i dont know what happened to me to be honest but i feel sick at spending a ridiculous amount of money on something that i dont want and cant really afford.

The receipt they've given me has no refunds circled on it. I accept the goods are not faulty and this is just a case of me simply buying something that i dont actually want.

Do i have any rights to return the goods or is this a lesson learnt and a future sale for ebay?

This wasnt from a retail shop but more of a cart type stall set up in a shopping centre.

Many thanks for your help

Littlecat
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Comments

  • TonyMMM
    TonyMMM Posts: 3,423 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unless buying on-line, you have no rights to return an item that you have just changed your mind about.

    Any refund would be at the discretion of the stallholder, which doesn't sound likely but you may as well give it a try.
  • redped
    redped Posts: 787 Forumite
    Part of the Furniture 500 Posts Name Dropper
    As TonyMMM says, you've no right to a refund in this situation. Chalk it up to (expensive) experience, I'm afraid.
  • call consumer direct as, although you have no right to a refund (goods are not faulty) - the trader may have broken the 2008 regulations which prohibit pressure sales. I think that half doing your hair and then forcing a sale is something that was designed to make you make a decision there and then - this is an unfair practice. Its worth a try, though without witnessing the conversation its hard for me to tell what the full picture is, so don't bank on it.
  • Elle7
    Elle7 Posts: 1,271 Forumite
    They will finish the other side of your hair if you refuse a sale.

    I have long blonde hair, so they are always grabbing me. I often refuse, but if they are very persistant, I allow them to curl it (it looks nice curled) and then simply say I already have curlers, or I'm not convinced they won't drop out straight away. I've never seen them refuse to do the other half...they can go a bit quiet, but they want people to ask where you had your hair done, and come and have theirs done too.

    That said, I doubt they'd take a return. Some brands can sell for an okay price on ebay...it'll depend if they are actually any good, though!
  • If they insinuated that you had to buy the item in order to have your hair finished and that if you didn't agree to buy it then you'd have to walk away with your hair half done then I would consider their actions to be an aggressive commercial practice (as defined by the Consumer Protection from Unfair Trading Regs).


    8.2 The CPRs prohibit commercial practices which
    • by harassment, coercion (including physical force) or undue influence,
    • significantly impair, or are likely to significantly impair, the average consumer’s freedom of choice or conduct concerning the product,
    and
    • The average consumer takes, or is likely to take, a different decision as a result
    These elements are described below.
    hARAssmENT, CoERCIoN AND UNDUE INfLUENCE
    8.3 Harassment and coercion are not expressly defined in the CPRs but include both physical and non-physical, (including psychological) pressure.
    8.4 Undue influence is defined in regulation 7(3)(b) of the CPRs as:
    ‘exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision’

    http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

    I'd call trading standards...the response will vary depending on where you live because funding and service provision is very much a postcode lottery.
    Common sense?...There's nothing common about sense!
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    call consumer direct as, although you have no right to a refund (goods are not faulty) - the trader may have broken the 2008 regulations which prohibit pressure sales. I think that half doing your hair and then forcing a sale is something that was designed to make you make a decision there and then - this is an unfair practice. Its worth a try, though without witnessing the conversation its hard for me to tell what the full picture is, so don't bank on it.

    Not only that, but if their receipts say simply "no refunds" and do not mention that your statutory rights are not affected, then this is another potential area where the law may have been broken.
  • pinkshoes
    pinkshoes Posts: 20,534 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's quite a cruel sales tactic curling half your hair then piling on the pressure to buy!
    I would certainly feel very awkward in that situation, although would definitely say no to buying anything!
    I'd perhaps try to return them, and if they refuse, say you'll be speaking to trading standards about their unfair pressurised selling tactics!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • sarahg1969 wrote: »
    Not only that, but if their receipts say simply "no refunds" and do not mention that your statutory rights are not affected, then this is another potential area where the law may have been broken.

    Anything to back that up? Since statute is often implied into contracts I am not sure that it would need to refer to the fact they are not affected.
    Thinking critically since 1996....
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Only you can know if you felt genuinely pressured, OP, but if you did, then that is your opportunity to request a refund.

    Personally I've been grabbed by these types before. I have long hair and they're forever pouncing on me offering to demonstrate their wonderful product. They too curled half my hair and then tried to pressure me into buying. I couldn't care less about walking around looking like a freak so felt confident in refusing. I spent the rest of my shopping trip with two hairstyles in one, but happily £150 the richer.

    These curling wands can be bought from Argos for £30 or £40. I'd try to get a refund. Good luck.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
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