Shop Wont Give Money Back - Please Help

chickadee

Sorry username2003 but you are not correct in your interpretation of the Sale of Goods Act. The shop has a legal obligation to give a refund if the goods are not:

• Of merchantable quality (i.e. damaged or unsafe in some way);
• As described (so if you specified a red chair and they delivered a blue chair);
• fit for purpose (If you specified in the shop a particular use, then later find it is not appropriate to use the item in this way).

In my opinion, the only possibility here is fitness for purpose, but the fitness for purpose has been assessed by the care home. As it is, the OP has been sold a chair for sitting on. Unless he specified that it had to be a chair for an 85-year-old with, say limited mobility and needing more than the usual level of support, he won't have any comebacks. If the care home could specify a particular type of chair, possible the OP could ask for an exchange. Of course, there is a customer care/goodwill element to this. The shop could exchange it as a goodwill gesture and to ensure customer satisfaction, but they aren't legally obliged to do so. If still in doubt, why not contact your local Trading Standards department and ask them for some advice?

I think many people are confused by their rights as a consumer. Many retailers only give credit notes or full refunds as a goodwill gesture, they are not legally obliged to do so. Marks & Spencer has built its reputation on this for years.

HTH

username2003

Chickadee:

I have seen a firm or two in the past offer a lot less service, then add the little proviso that your stat right are not affected.

Anyway its been a long tme since I had my head in a law book, and having burned all my notes I vowed to never go back.

There is a satisfactiry clause somewhere though - I couldnt remember anymore than that. oh and it was a large Computer games store. But I was a stroppy teenager at the time and I think the stroppy teenager at the counter and his slightly older manager were a bit bemused by my standing in there store quoting law at them.

hollydays

I am having difficulty imagining how the chair could not be safe?
Do you have a brand name or could you post a picture?
Also don't see why retailer would want to be seen to be so unreasonable,when his market is so specialised.
The bad publicity from this would not be good for him.

tyllwyd

If you and your grandfather are happy with the chair, why not see if you can come to some arrangement with the care home. Are they saying that they think the chair is hazardous for your grandfather, or for the people who care for him? If they are worried about your grandfather, would they be happy if his next of kin signed some kind of indemnity to say that they won't sue if your grandfather is injured as a result of using the chair? Or could you find out who is local government official responsible for assessing safety in the care home - maybe if you could get someone from the council out to look at the chair and give it the OK, the care home would be happy.

amandada

tyllwyd wrote: »

If you and your grandfather are happy with the chair, why not see if you can come to some arrangement with the care home. Are they saying that they think the chair is hazardous for your grandfather, or for the people who care for him? If they are worried about your grandfather, would they be happy if his next of kin signed some kind of indemnity to say that they won't sue if your grandfather is injured as a result of using the chair? Or could you find out who is local government official responsible for assessing safety in the care home - maybe if you could get someone from the council out to look at the chair and give it the OK, the care home would be happy.

It's an occupational therapist you need to assess the chair's suitability for your grandfather. From memory, you should be able to access this through the social work department