Wont exchange wrong size item

Tracebwwjp

Hi, recently purchased a small elbow, shoulder, wrist supports, from a local chemist after a relatively recent assault. The elbow support is huge despite being labelled as small. Now I tried returning it, ( I have receipt), either for refund, exchange to smaller, or store credit, didnt mind which.  The retailer said no to all suggestion, as I must have tried it on, and with covid they will not take back.

Normally I would accept this, however I was not allowed to open packaging until it was purchased and there is no signage etc to say no exchanges... is this right?  Can she simply say, no.

neilmcl

Tracebwwjp said:

Hi, recently purchased a small elbow, shoulder, wrist supports, from a local chemist after a relatively recent assault. The elbow support is huge despite being labelled as small. Now I tried returning it, ( I have receipt), either for refund, exchange to smaller, or store credit, didnt mind which.  The retailer said no to all suggestion, as I must have tried it on, and with covid they will not take back.

Normally I would accept this, however I was not allowed to open packaging until it was purchased and there is no signage etc to say no exchanges... is this right?  Can she simply say, no.

Yes they can. Unless the product is faulty or not as described then you have no right to a refund or replacement for what in affect is a change of mind.

MattMattMattUK

Tracebwwjp said:

Can she simply say, no.

Yes, they can.

lammy82

If the item inside the packaging is not the right item as stated on the packaging, then I say you have a right to return it.

If it's the right product and it's just that the small size is too big for you, then you can't really do much about that. Does the packaging not have the actual measurements printed on it? (There's no standardized sizing for elbow, shoulder, wrist supports as far as I know).

Regarding signage I'm afraid it doesn't make any difference if there no signs saying "no exchanges" as there is no automatic legal right to a "change of mind" refund/exchange for goods bought in store.

Mickey666

lammy82 said:

If the item inside the packaging is not the right item as stated on the packaging, then I say you have a right to return it.

If it's the right product and it's just that the small size is too big for you, then you can't really do much about that. Does the packaging not have the actual measurements printed on it? (There's no standardized sizing for elbow, shoulder, wrist supports as far as I know).

Regarding signage I'm afraid it doesn't make any difference if there no signs saying "no exchanges" as there is no automatic legal right to a "change of mind" refund/exchange for goods bought in store.

I've always understood that's because a customer can examine the goods in person and confirm they are fit for the desired purpose.  This is not possible when buying online so customers have the legal right to return the item for a full refund for any reason.

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

If not, then it's another nail in the coffin of high street shops.

Manxman_in_exile

Didn't the packet have a size guide on it?  In my experience nearly all such joint supports give you guidance on size selection.  So for an elbow support they might eg tell you to measure around the middle of your elbow (or perhaps 2" above the elbow) with your arm straight and they will give a range of measurements in inches and centimetres indicating small, medium or large.

Over the years I've collected a wide variety of different joint supports (playing a lot of sport and doing a lot of running) and I've always asked pharmacy staff to measure the joint in question to get the correct size.  After all, It's not likely that most people know the circumference of their elbow off the top of their heads - or middle of their arms.

lammy82

Mickey666 said:

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

No, I don't think so. In this situation it would be better to agree acceptable sizing parameters with the retailer prior to purchase, hence ensuring that this forms part of the sale contract. The goods could then be opened and examined immediately upon purchase to ensure compliance. If they don't fall within the agreed size then the retailer would be forced to refund. If the retailer refuses to entertain such an agreement, shop elsewhere.

[Deleted User]

Mickey666 said:

lammy82 said:

If the item inside the packaging is not the right item as stated on the packaging, then I say you have a right to return it.

If it's the right product and it's just that the small size is too big for you, then you can't really do much about that. Does the packaging not have the actual measurements printed on it? (There's no standardized sizing for elbow, shoulder, wrist supports as far as I know).

Regarding signage I'm afraid it doesn't make any difference if there no signs saying "no exchanges" as there is no automatic legal right to a "change of mind" refund/exchange for goods bought in store.

I've always understood that's because a customer can examine the goods in person and confirm they are fit for the desired purpose.  This is not possible when buying online so customers have the legal right to return the item for a full refund for any reason.

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

If not, then it's another nail in the coffin of high street shops.

I wouldn't want to buy a product like that, that had been opened in a store to "inspect it". The OP should have asked the retailer for advice, and if they didn't want to provide it, or didn't know, but said the OP couldn't inspect it further, they should have gone to another retailer. 

JJ_Egan

Likewise these sort of products are generally sealed for health reasons .

Sandtree

Mickey666 said:
I've always understood that's because a customer can examine the goods in person and confirm they are fit for the desired purpose.  This is not possible when buying online so customers have the legal right to return the item for a full refund for any reason.

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

If not, then it's another nail in the coffin of high street shops.

Distance Selling Regs and their equivalents are intended to draw a parallel with in store shopping  but that doesnt mean that there is a minimum standard of level of inspection available in store.

Personal hygiene, food, medical etc products are always going to be sold in a closed box and so the same standards will apply in both shopping channels.  I mean would you want to buy a box of sanitary towels or condoms where someone else had opened the box and “just tried one on for size”?

The OP has no statutory right of return for simply changing their mind, their only right to return it will stem from either the item being faulty or not as described. If the support itself is labelled large but it was in a small box then its simple to take it back however it becomes more subjective if its also labelled small or unlabelled and the OP just realises that small isnt small enough for them.

Mickey666

Sandtree said:

Mickey666 said:
I've always understood that's because a customer can examine the goods in person and confirm they are fit for the desired purpose.  This is not possible when buying online so customers have the legal right to return the item for a full refund for any reason.

In this case, it sounds like the OP was denied the opportunity to properly examine the goods in store, ie remove from the packaging to determine what "small" actually meant in practice.  If there was no measurement information on the packaging, how could the OP determine if "small" was fit for their purpose.  They were effectively buying 'blind' just as they would be if buying online. 

Does this give the OP any right to a refund?

If not, then it's another nail in the coffin of high street shops.

Distance Selling Regs and their equivalents are intended to draw a parallel with in store shopping  but that doesnt mean that there is a minimum standard of level of inspection available in store.

Personal hygiene, food, medical etc products are always going to be sold in a closed box and so the same standards will apply in both shopping channels.  I mean would you want to buy a box of sanitary towels or condoms where someone else had opened the box and “just tried one on for size”?

The OP has no statutory right of return for simply changing their mind, their only right to return it will stem from either the item being faulty or not as described. If the support itself is labelled large but it was in a small box then its simple to take it back however it becomes more subjective if its also labelled small or unlabelled and the OP just realises that small isnt small enough for them.

14 days to cancel an online order according to this, with no need for a reason: https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Shop transactions are different: https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act