What are my rights here?

Holeypockets

Good evening campers,

My missus went into town last week and bought my lad a couple of Man Utd tops (I know, I know). She got them from Sports World. When she got home it transpired that the tops were too large so she went back into town today to exchange them fo smaller sized tops. Unfortunately Sports World did not have his size in stock so my missus asked for a refund - she had paid cash. The young bloke behind the counter said it is not shop policy to give refunds and could only offer a credit note. She called the manager who said the same thing. Normally my missus would argue the case here but she was getting nowhere with these two. She has details of the head office and the store managers name and I intend to write to complain but I thought I had better check my rights on here first. The original tops were undamaged and were paid for with cash. They could be put back on the shelf for resale. The good were returned within a couple of days. Could someone be good enough to advise where I stand on this and if there is anything I should say in my complaint letter.

Thanks in advance

reehsetin

there is no legal obligation for stores to take back/refund goods if they are not faulty,
they often do as goodwill, get a credit note and get them when they are in stock at the right size

Blacksheep1979

nope no obligation at all your other half made the mistake and whilst she may normally 'argue the point' luckily this time she didn't make a fool of herself.

advent1122

Consider yourself lucky sports world offered a credit note.
There are a pain if you buy an item in error and I had no joy even getting a credit note off them.
Luckily Mrs Advent spotted the thread had become unpicked the next day and they were legally obliged to refund due to the fault.

Blacksheep1979

advent1122 wrote: »

Consider yourself lucky sports world offered a credit note.
There are a pain if you buy an item in error and I had no joy even getting a credit note off them.
Luckily Mrs Advent spotted the thread had become unpicked the next day and they were legally obliged to refund due to the fault.

nope they're not - they're legally required to fix the item or offer a replacement once you've accepted the goods.

advent1122

Blacksheep1979 wrote: »

nope they're not - they're legally required to fix the item or offer a replacement once you've accepted the goods.

Oooo My own stalker....
YOUR WRONG - THEY MUST REFUND.

Iamthesmartestmanalive

advent1122 wrote: »

Oooo My own stalker....
YOUR WRONG - THEY MUST REFUND.

This is a question of understanding a day later then a court would probably say yes refund, 6 months down the line they would say repair

As for the thread becoming "unpicked" sounds awfully like fraud to me

As for the OP sportsworld have done everything they had too and its your own fault

ajaxgeezer

OP, it's true unfortunately. Unless the item is damaged there is no legal leg to stand on, and for them to offer a credit note is more than fair.

Smartest, the 'unpicked' does sound a bit dodgy I agree, but "benefit of the doubt" and all that, eh? Fraud is a bit of a harsh word without proof, even as just a suggestion.

superscaper

advent1122 wrote: »

Oooo My own stalker....
YOUR WRONG - THEY MUST REFUND.

I don't think so. I've always understood from the Sale of Goods Act that they are obliged to repair, replace or refund, but not specifically one of those over another, no matter how long or short a time it's been. The only mention of 6 months is that the onus of proof of inherent fault is on the retailer rather than the consumer within the first six months but the same condition applies that it's up to the retailer whether they refund or replace or repair.

The only time they are obliged to refund is only under the Distance Seller Regulations when you have 7 days to rescind the contract (but of course you'd have to buy the item mail order/online).

uktim29

Why do people think they should have rights to force others to act for mistakes they've made?

lokiman

superscaper wrote: »

I don't think so. I've always understood from the Sale of Goods Act that they are obliged to repair, replace or refund, but not specifically one of those over another, no matter how long or short a time it's been. The only mention of 6 months is that the onus of proof of inherent fault is on the retailer rather than the consumer within the first six months but the same condition applies that it's up to the retailer whether they refund or replace or repair.

The only time they are obliged to refund is only under the Distance Seller Regulations when you have 7 days to rescind the contract (but of course you'd have to buy the item mail order/online).

This is correct. They must either replace, repair OR refund, although there may be circumstances where only one of these is realistically an option.

Back to the original question, though, since Sports World has done absolutely nothing wrong, there's no recourse. If you choose to buy a product without checking to see if it's suitable for your needs, you can't expect to be able to get a refund from someone that sold it to you in good faith.