HELP! What are my exchange rights?

MiraculousM

Hi. i was wondering if you all could help me. I bought a pair of childrens uggs (stated youth 4) on office stores on amazon about at the start of september. As it hasnt been that cold down here, i have only worn my old ones and the new ones have been sat in a box above a cupboard since i got them. Never worn, all packed and in original box.

I tried them on when i got them and thought they were a bit tight but thought "oh its uggs. they give after a couple of wears" and looked at the receipt but not the box like a complete and utter idiot.

Well, i took them down today and realised that they are actually size 3 uk not size 4 which is far too small. I feel really stupid for not checking but do i have ANY rights to get them exchanged and my size sent to me?

They cost over £100 and i dont really have any money to spare.

im really really gutted as the reason that they had been up on the cupboard was because i didnt want use them till it was cold, and i have had an awful month so i thought it would cheer me up if i got them down and wore them to work tomorrow.

I want to cry.

arcon5

None at all.

You would be deemed to have 'accepted' the goods after this time.

But if you still have the receipt, take them back and appeal to the retailers good nature.... you never know, if they have clearly not been used they may take an understanding approach and exchange them for you (assuming prices haven't changed).

MiraculousM

really? even with the sales of goods act? Apparently i can get an exchange within 6 months?

I am so mad at myself

arcon5

MiraculousM wrote: »

really? even with the sales of goods act? Apparently i can get an exchange within 6 months?

I am so mad at myself

You had the right to reject them for a refund or exchange under Sales of Goods Act within reasonable time, 'not as described'. Also had the right to return them for a refund by cancelling within 7 working days under Distance Selling Regulations.

Now you are deemed to have accepted the goods. If a fault developes you would have the right to a repair/replacement/refund (inherent fault ie not down to misuse or wear & tear) -- effetively sellers choice.

The 6 months thing simply refers to the burden of prove when the item developes a fault --- it means within the first 6 months the retailer would have to proof a fault is not inherent otherwise offer a rememdy -- after 6 months the burden of proof is on the consumer to prove a fault is inherent.

You'd be appealing to their good nature.

unholyangel

OP could possible argue they are still within reasonable time seeing as they were bought as winter footwear and we've only just entered winter.

However it could also be argued that even though OP didnt wear them, they did have chance to inspect them and notice an error which shouldve been obvious.

So long and short is go back to retailer, be polite.....explain the situation and keep your fingers and toes crossed you get someone who values customers and not someone intent on doing as little "customer service" as they can