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Returning an item within 24 hours of purchase

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)

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He'll have to take the credit note I'm afraid, which is more than he's legally entitled to btw.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    If the shop told him the camera was suitable for the task, he could demand a refund.
  • aldredd
    aldredd Posts: 925 Forumite
    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.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    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.
  • Valli
    Valli Posts: 25,598 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Malory wrote: »
    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
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Valli wrote: »
    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 out
  • Valli
    Valli Posts: 25,598 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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 point
    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
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • redcard
    redcard Posts: 1,563 Forumite
    Part of the Furniture Combo Breaker
    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. #VoteYes
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    redcard wrote: »
    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.
  • redcard
    redcard Posts: 1,563 Forumite
    Part of the Furniture Combo Breaker
    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. #VoteYes
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