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Returning an item within 24 hours of purchase
Malory
Posts: 176 Forumite
I think I already know the answer but I wanted to post to see if there is any other recourse.
My husband, who is a professional photographer, purchased a camera from a local shop, in order to do a highly technical job that he was hired for. On taking the camera home, he realised that the camera does not have the capabilites to do the job. There was no way he could have known this until he took the camera home and examined it thoroughly.
He returned to the shop the following day, only to be told that he cannot return the camera for cash, he can only take out a store credit. He was actually planning to exchange the camera for another one at the shop, but they do not have another camera that he can use for this job.
As this is not a leisure purchase, but required for his business, he has no choice but to spend more money on a different camera elsewhere.
My understanding is that the shop has the right to accept exchanges only, but I was wondering if there is anything that can be done?
(The client has already agreed to a quoted rate for the job, so he cannot pass off any extra expense to the client)
My husband, who is a professional photographer, purchased a camera from a local shop, in order to do a highly technical job that he was hired for. On taking the camera home, he realised that the camera does not have the capabilites to do the job. There was no way he could have known this until he took the camera home and examined it thoroughly.
He returned to the shop the following day, only to be told that he cannot return the camera for cash, he can only take out a store credit. He was actually planning to exchange the camera for another one at the shop, but they do not have another camera that he can use for this job.
As this is not a leisure purchase, but required for his business, he has no choice but to spend more money on a different camera elsewhere.
My understanding is that the shop has the right to accept exchanges only, but I was wondering if there is anything that can be done?
(The client has already agreed to a quoted rate for the job, so he cannot pass off any extra expense to the client)
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Comments
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He'll have to take the credit note I'm afraid, which is more than he's legally entitled to btw.0
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If the shop told him the camera was suitable for the task, he could demand a refund.0
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Assuming he purchased as a consumer, not a business (Bus to Bus)
Only if either the shop told your husband it had the capability, or there was a sign stating they allowed returns for a full refund (a satisfaction guarantee) would he be entitled to return the item in these circumstances. In the absence of either of these, a credit note is a decent outcome.0 -
Credit note is a good result - legally he's got no recourse unless he can prove he was advised specifically on the feature (which seems unlikely if he as a pro had to do some hands-on tests to ascertain).
Credit note is good for filters, maybe processing, memory cards, extra batteries, chargers, maybe even a decent new set of sticks to stand the camera on... it's not your ideal scenario, but it's more than they have to offer and is ultimately perfectly fair.0 -
My understanding is that the shop has the right to accept exchanges only, but I was wondering if there is anything that can be done?
The shop have the right NOT to accept goods being returned to them at all - UNLESS those goods are faulty OR the goods were mis-sold (ie misrepresented).Don't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
Janice 1964-2016
Thank you Honey Bear0 -
The shop have the right NOT to accept goods being returned to them at all - UNLESS those goods are faulty OR the goods were mis-sold (ie misrepresented).
Or if their store policy says otherwise - always worth checking for signs in the store etc as sometimes they do have signs up saying returns are allowed but then try to weasel out0 -
InsideInsurance wrote: »Or if their store policy says otherwise - always worth checking for signs in the store etc as sometimes they do have signs up saying returns are allowed but then try to weasel out
Yes - fair pointDon't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
Janice 1964-2016
Thank you Honey Bear0 -
The goods were definitely not mis-sold.
The OP advised that her partner needed to have the camera at home and to have inspected it thoroughly before he could decide if it was suitable. The shop assistant would only know what the specifications of the camera were.
It's not reasonable to expect them to have intricate knowledge of each detail, particularly when a 'professional photographer' doesn't!Hope over Fear. #VoteYes0 -
The goods were definitely not mis-sold.
The OP advised that her partner needed to have the camera at home and to have inspected it thoroughly before he could decide if it was suitable. The shop assistant would only know what the specifications of the camera were.
It's not reasonable to expect them to have intricate knowledge of each detail, particularly when a 'professional photographer' doesn't!
There is nothing in the OPs statement to say that the shop in any way advised him of what camera to get or the capabilities of that camera.
The OP states they are a pro photographer and so may well have walked into the shop and said "I need a Canon 5D MkIII", the shop assistant simply handed it over and the OP paid and left.
The shop is under no obligation to ask every customer exactly what they want to do with it or validate the kit is suitable for their needs.0 -
InsideInsurance wrote: »There is nothing in the OPs statement to say that the shop in any way advised him of what camera to get or the capabilities of that camera.
The OP states they are a pro photographer and so may well have walked into the shop and said "I need a Canon 5D MkIII", the shop assistant simply handed it over and the OP paid and left.
The shop is under no obligation to ask every customer exactly what they want to do with it or validate the kit is suitable for their needs.
Yep.
Think that's what I just said.Hope over Fear. #VoteYes0
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