Refund for item specially ordered into store?

Mamamoose

Hi - a customer came into store and wanted a girlguiding polo shirt in a size we no longer had in stock. We are not stocking this item again but ordered it in specially in the required size for her.  We had the same shirt in larger sizes that she could see and touch and she paid in store.  When the item came in she said it was too big and, reluctantly, we ordered it in again in the smaller size. She now says that the person the shirt is for has severe skin allergies and cannot wear this material (60%cotton 40% polyester) and is asking for a refund.

Am I obliged to refund her, which will leave me with two items we have discontinued and are unlikely to sell?  I want to say no as these were specially ordered in, you had sight of the same item in a larger size and have tried at least one of them on. They have labels inside with the fabric details and we were not asked about the fabric composition previously.   Thank you

TELLIT01

If the customer didn't say at the time of ordering that the intended recipient had an allergy to cotton/polyester then I see no reason to refund.

p00hsticks

If you actually sold it to her in the store and it is not faulty, I don't believe that legally she is entitled to a refund, unless the store has a contradictory policy. This would be the case whether you ordered it in specially or she just picked it off a rack directly in the shop. 

Alderbank

When ordering, did the customer say anything like, 'If she doesn't like it when she sees it can I return it?'

If so, and you agreed, then that becomes a condition of the sale and you are bound by it. Otherwise no entitlement to a refund, just as @p00hsticks says above. 

DullGreyGuy

Mamamoose said:

Hi - a customer came into store and wanted a girlguiding polo shirt in a size we no longer had in stock. We are not stocking this item again but ordered it in specially in the required size for her.  We had the same shirt in larger sizes that she could see and touch and she paid in store.  When the item came in she said it was too big and, reluctantly, we ordered it in again in the smaller size. She now says that the person the shirt is for has severe skin allergies and cannot wear this material (60%cotton 40% polyester) and is asking for a refund.

Am I obliged to refund her, which will leave me with two items we have discontinued and are unlikely to sell?  I want to say no as these were specially ordered in, you had sight of the same item in a larger size and have tried at least one of them on. They have labels inside with the fabric details and we were not asked about the fabric composition previously.   Thank you

It's an instore purchase so only right of return is if its faulty or not as described.

Presumably the larger sized ones she looked at have the same composition? 

born_again

What is your normal procedure if a customer brings something back bought instore?

ThumbRemote

Your usual, advertised returns process applies. From the legal perspective, it doesn't matter whether it was a special order or whether you can sell it on - it's just an item you sold in your shop. 

If you have no standard returns process, you are under no obligation to accept a return. The default legal position is that returns are not accepted in store, unless you explicitly state they are. 

Grumpy_chap

The OP needs to consider the value of this refund against the potential impact if the customer goes bleating about the business on local social media.

born_again

Grumpy_chap said:

The OP needs to consider the value of this refund against the potential impact if the customer goes bleating about the business on local social media.

Then shop answers back explaining how inconsiderate the customer is, making a special order as size required in store, & the invents a reason to not buy it.
Plenty shops do it, & it tends to back fire on the customer..