Advice on 'Non Returnable' Goods

Nammu

Last weekend, i bought a new jacket for my dog. Having a staffy, it's difficult to find jackets that fit so the shop suggested i take my dog in to have her measured and make sure the jacket definitely fits.

So last weekend i took her in, the shop owner measured her up, measured the jackets, found one that would fit and I bought it.

As i was paying the girl on the till said it was non-returnable.

When i got home and tried it on the dog, it was WAY too small. It doesn't even remotely fit her. The shop owner has forgot to take the thickness of the jacket into consideration when measuring (it's thick fleece lined). I can't even fasten it around the dog's waist.

Now, do i have the right to get my money back for the jacket even though it was non-returnable? In my eyes it was mis-sold to me.

fluffnutter

If the shop owner measured your dog and yet still managed to make a jacket that doesn't fit then your goods aren't as described and this contravenes the SOGA. In taking the measurements themselves I believe they've accepted responsibility for insuring that the coat is made accurately (it would be different had you supplied incorrect measurements yourself).

Ignore what the girl on the till said about 'non-returnable' items. There are specific rules surrounding items that are made to measure but these don't affect your statutory rights under the SOGA.

Go back to the shop, ask to speak to the owner, take both jacket and dog and demonstrate that the coat doesn't fit. Ask for a refund or a free replacement/alteration. Be polite and friendly. Good luck.

texranger

fluffnutter wrote: »

If the shop owner measured your dog and yet still managed to make a jacket that doesn't fit then your goods aren't as described and this contravenes the SOGA

i dont think reading the OP that it was MADE to measure the shop assistant measured the dog for an off the peg coat, which they failed to measure correctly, it does not fit after the shop took the measurements so you can claim under SOGA. take it back as stated with the dog to show this.

Nammu

OK, thanks guys. I've got the jacket in with me today in work, unfortunately no dog though. I'll go and speak to them today and if need be i'll take the dog in at the weekend to show them.

I'll let you know how it goes

fluffnutter

texranger wrote: »

i dont think reading the OP that it was MADE to measure the shop assistant measured the dog for an off the peg coat, which they failed to measure correctly, it does not fit after the shop took the measurements so you can claim under SOGA. take it back as stated with the dog to show this.

Oh yeah. Why didn't the dog try it on in the shop then??

Plus, it makes the comment that the girl on the till said even more bizarre. Why is the coat 'non-returnable'? Is it just that coat? All coats? Coats and leads?

Nammu

Fluffnutter - the dogs don't try the jackets on for hygiene reasons. That's why she measured the dog rather than try loads of jackets on. I believe it's non-returnable for the same hygiene reasons and that applies to all their jackets.

Now, i did try it on the dog briefly to see if it would fit and it didn't. Will this change anything?

fluffnutter

Nammu wrote: »

Fluffnutter - the dogs don't try the jackets on for hygiene reasons. That's why she measured the dog rather than try loads of jackets on. I believe it's non-returnable for the same hygiene reasons and that applies to all their jackets.

Now, i did try it on the dog briefly to see if it would fit and it didn't. Will this change anything?

Aah, fair enough. They're making it up as they go along though. If you've been sold a coat that the shop owner has assured you will fit your dog then your goods are not as described. This spurious hygiene caveat is just that - spurious. Do not be fobbed off.

Jeff_Bridges_hair

Nammu wrote: »

Fluffnutter - the dogs don't try the jackets on for hygiene reasons. That's why she measured the dog rather than try loads of jackets on. I believe it's non-returnable for the same hygiene reasons and that applies to all their jackets.

QUOTE]


Trying on a dog jacket on yoru dog is completely different from trying on pants and other such items which are non returnable uinder hygiene reasons surely.

think they are fobbing you off on this one.

Nammu

Cool. Thanks again. I'll go in at lunch time. I'm a pretty regular customer anyway but it's a small business so can't be sure what they'll say. It's always good to know where i stand legally.

fluffnutter

Jeff_Bridges_hair wrote: »

Trying on a dog jacket on yoru dog is completely different from trying on pants and other such items which are non returnable uinder hygiene reasons surely.

think they are fobbing you off on this one.

And even if you do try a pair of cacks on (which could be reasonably categorised as something that you'd want to keep 'hygienic'), if they're faulty or not as described you're still entitled to a remedy under the SOGA.

unholyangel

Jeff_Bridges_hair wrote: »

Trying on a dog jacket on yoru dog is completely different from trying on pants and other such items which are non returnable uinder hygiene reasons surely.

think they are fobbing you off on this one.

Fleas? Parasites? There are things that can be transferred dog to dog

However what the girl said on the till is misleading. While the item may be non-returnable under any policy the shop has over and above your statutory rights, it does not affect your statutory rights.

As you had the dog measured in order to get a coat, then as above this would fit into the "not as described".