Am I right or wrong? Phone case shop.

bevd73

I went in to one of these pop up shops selling phone cases yesterday. I explained to the assistant I needed a case for a Galaxy S5 Mini and an Ipad Air (version 1) They sold me two cases and I paid by debit card.

When I got home and tried to put the phone and ipad in the cases, it was clear they had sold me the wrong case for both. I went back in today to ask for a refund and they told me that because the items were not faulty they would not refund.

I argued that they were faulty as they were the wrong cases for the items I requested (and they agreed that I had asked for the correct things)

It turned out that they didn't have the correct items in stock and after two calls to the area manager they did in fact refund me. Are they correct that if they sell an incorrect item, the customer is not entitled to a refund?

Just curious if I am right or not really!

AJXX

Under SOGA the item would be "not fit for purpose" if it was sold as compatible with X but in reality didn't fit.

Serious customer service/sales of goods act issues if you had to speak to an area manager to get them to agree to a refund!

adouglasmhor

No as the items must be fit for the purpose they are sold for.

bevd73

Thanks, as I thought then :beer:

Cycrow

It sounds more likely it was a mistake rather than not fit for purpose.

Was the ipad case advertised specifically as a case for iPad air or just a generic ipad case ?

its possible the assisant simply didn't know the difference. (all iPads are the same dimensions, except for the iPad Air)

frugal_mike

Cycrow wrote: »

It sounds more likely it was a mistake rather than not fit for purpose.

Was the ipad case advertised specifically as a case for iPad air or just a generic ipad case ?

its possible the assisant simply didn't know the difference. (all iPads are the same dimensions, except for the iPad Air)

True, but the Sale of Goods Act covers specifically this case. Goods must be suitable for the purpose the customer buys them for (even if that purpose is not what the goods are for) if the customer tells the retailer what the intended purpose is before buying.

Of course there might be an issue proving what was said in the shop if it had come to that.