The Rig

iTrader: (13)

Missus bought 2 pairs of trousers, size 12,they werent a 12,more like a 10,took them back,on the receipt it says no refunds under sales of goods act only exchange or credit note,i took a 14 in the other pair,even tho she is NOT a 14,their labelling is all wrong, even the crimbo season hasnt put her up to a 14, she wears size 10 kecks even ! anyhoo,no size "14" in the other trousers so i wanted refund, he was saying no,they are not faulty,i said they were,labelled as a 12 but more like a 10,he said clothing varies and they are not faulty,no refund, i was kicking off, he tried to take a phone call while i was talking, i hung it up for him, i used all the reasoning i had,still no refund, in th eend he said can i call my missus to see what she wants to do,so i said give us ur phone then,rang her,she took a pair of size "14" in brown not black,off i go.

Now,luckily women are easily pleased,but if they were my trousers and i wanted a refund,where do u stand ?

i was in there for like 15 mins,the place wasnt massive,but half decent,the dude was a brumi,it wasnt a market stall but i reckon it all comes from india at 50p an item.he said loads have said the above and he cant change the rules for me.a women was also kicking off about her shoes...........

gatecrasher3

That is a load of nonsense. You are entitled to a full refund under The Sale of Goods Act.

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances).

The Rig

iTrader: (13)

yup,thats what i thought,but when the dude on the other side is saying nope nope nope what can u do ?
i was very adament in the end and he still didnt,i think he was weakening as the stuff he was asking was like i was gonna get the refund,but then i thought about my job, being security cleared, i was gonna raid the till then he said he will call the mall security LOL etc.

as i said, i was firm but he wasnt budging.

chocolate_o_brian

iTrader: (22)

i would have put in an official complaint against the shop assistant, the shop owner, the mall owner for having a shop like that in it, and contacted trading standards. also i would have informed the environmental health unit at the local council offices, stating the said shop assistant was wasting valuable oxygen. if that failed i would have simply lamped the ignorant ****, and taken them to a small claims court after seeking one of those 30 min free solicitor consultations.

but my anger management psychologist says im getting better day by day

Scooby Soon!

You were wrong he doesnt have to give a refund, I am amazed at how many people "know my rights" when they in fact know nothing!

will try and find the thread on this from a while back....

Scooby Soon!

Tada!

https://www.scoobynet.com/non-scooby...+sale+of+goods

The Rig

iTrader: (13)

believe me, i was a whisker away from all of the above !!!
when he tried to use the phone while i was talking was a testing point, i just hit the receiver button and said no no not while im here u deal with me,which was funny.

Ian

iTrader: (10)

no refund

The Rig

iTrader: (13)

what u seem to be not reading is, the size 12 were not a size 12, so they are sold as something they are not !

Jonty

From my understanding (following the last time I looked into this) Gatecrasher is correct. The law works both ways -- as a consumer we have rights and a reasonable amount of protection/come-back, but at the same time so do our commercial friends. Looking at it raw, no-one is entitled to a refund following a purchase, unless specific circumstances apply.

In your case, it appears you had a valid argument because there was possibly a fault with sizing/labelling and the shop could not offer a direct replacement. If they could have done but you decided you just didn't want to accept, then you'd be obliged to accept vouchers or a credit note. Unfortunately not all outlets have customer service as a high priority. That's where places like M&S really excel themselves, or at least they used to (didn't they used to offer a full refund if you just didn't like something..?)

If you experience this kind of situation again, if you can't get a response on the shop floor then simply escalate upwards. Ask for the Manager. If that doesn't work and the store is part of a chain then contact their head-office. If things still continue to get sticky then Trading Standards and/or small claims should give a result, although not guaranteed to be in your favour of course.

If your missus likes the replacement trousers then simply don't use the shop again. If she's in any doubt then do persue as above. You shouldn't feel obliged to accept another product because a direct replacement wasn't available for whatever reason.

Best of luck.

Jonty.

GC8

That statement is in itself, an offence. Take the receipt to your local Trading Standards department (county council if you live in the countryside; metropolitan borough if you live in an urban area) and they will prosecute.

If the goods were not fit for the purpose or did not conform to contract in some other way you were/are entitled to compensation (for which you may accept the purchase price but you arent limited to it).

The people who have said that you arent entitled to a refund and who have missed the illegal statement on the receipt; have no idea what theyre talking about and should keep quiet and learn, rather than spreading their ill-informed opinions.


Simon

gatecrasher3

If your happy to have your pants pulled down by unscrupulous traders then that's up to you. But in this case I do "know my rights" and based on what The Rig has told us he is entitled to a full refund.

GC8

The thread that Scooby Soon! has referred us to is full of ****e too; particularly the crap posted by MikeCardiff (who always posts the same "you have no right to refund in any circumstances; I know Im a shop keeper" bollocks).

chocolate_o_brian

iTrader: (22)

if we ever do a scooby net quiz, i want GC8 and The Rig on my team

andy

The Rig

iTrader: (13)

Cheers for the info guys.
i did have an idea i was entitled to a refund, but as i said earlier, when the manager says no no no what can you do, i think going to trading standards etc will take time/effor with little responce,the missus once bought a car from a small garage,it was riddled with faults,before i looked at cars for her,when she knew best etc, anyhoo, they too were reported to trading standards and all we got was yeah,we know of em, there on our list,thanks alot.

apart from wrap a clothes bar round hi shead an dbe done by th elaw,i couldnt do much.

chocolate_o_brian

iTrader: (22)

suits you sir

Baby Scuff

Is it possible your Mrs just ate too many mince pies over Christmas and won't admit too it? My work trouser were a bit tight when I went back to work yesterday

The Rig

iTrader: (13)

i said that,then i had the pleasure of 10 mins of her putting on size 12 jeans/skirts and all sorts !!

Baby Scuff

nothing wrong with watching a woman undress

Scooby Soon!

There are no definitive sizes determined in UK law for size 10 or size 12 or size 14 etc

So you have no grounds for a refund, if the trousers were marked as 36" and when you measured them they were 45" then that would be slightly different and you would be entitled to a refund.

If an item is faulty = refund, no fault = no refund

Heres a little tip, anyone who used to come in to our shops shouting and being abusive got nothing!

We would often let customers swap, change or give a credit note for purchases if they were nice people!

If they acted like ***** then we told them to **** off

Scooby Soon!

Forgot to add people who delibertly damaged or tried to create a fault were also ignored.

"I KNOW MY RIGHTS"

"ITS THE LAW"

I have heard so many people try to argue about something in shops that they know nothing about.

Jonty

Rig, out of interest, was a changing room made available..? If yes then I guess the swingometer moves more towards the shop's favour. If no then it's difficult for the shop to have a case if you cannot physically try garments on.

Just a thought, and not intending to add fuel to the 'have rights, don't have rights' debate. I stand by my comments made earlier.

Jonts.

The Rig

iTrader: (13)

No changing room available either.
its lucky she is easily pleased, ahem, if it were me and i wanted black trousers in size 12, lucky me i hear u say, id want them,not in brown as she took,but she doesnt mind, but tis the fact that he just said nope nope nope,well,i cant,nope, maybe,nope,cant on and on.

GC8

Perhaps as many as there are ignorant shop assistants who have little or no knowledge of the law...?

gatecrasher3

Clutching at straws a bit aren't you

If they are sold as certain size then turn out not to be then they are not fit for the purpose that they were sold. Regardless of how that size is quoted.

The item doesn't have to be "faulty" to get a refund, simply not fit for for the purpose it was sold. For example, trousers sold to fit a size 12 person that don't fit a size 12 person as they are too small are not fit for the purpose they were sold.

Jonty

Well, given this lack of opportunity the shop can only expect garments to be returned as unsuitable, unless they expect folk to get undressed in front of other customers or in the street. Given this and the product purchased was unfit for purpose/incorrectly described (i.e. didn't fit!) then I personally believe you have/had a case.

Given the shop owner's understanding of the law, he was simply standing by his guns so perhaps can't fault him for that. However, given the above and the wording on the receipt, perhaps he should be concerned that he might be breaking the law.

If you fancy ending this on a high, perhaps re-visit and explain the wife really likes her new trousers... but he may wish to revise his receipt information and consider buying a suit ready to attend court. That should make him feel sick for a bit.

Jonts.

Scooby Soon!

Not clutching at straws just quoting FACT!

You seem to be getting the interpretation of the law mixed up, they are a pair of trousers there was nothing wrong with them!

They just didnt fit the person who bought them, they would still work fine as a pair of trousers for someone who they fitted.

The "fit for for purpose" would only apply in something such as you purchased a waterproof coat suitable for use in rain to keep you dry, when you went out in the rain you got wet ie coat was not waterproof did not keep you dry which meant "not fit for for purpose"

Stopping spouting waffle and read up on these things first before making up further tripe!

Jonty

Maybe they should change the law(s) and force all women not to wear clothes. Imagine that, and the less agro us fellas would get!

Jonts.

gatecrasher3

You seem to be struggling.

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

They were described as a size 12 pair of trousers and according to The Rig they weren't. If he is correct then they aren't as described.

Any clearer for you now?

***Note to self - must start New Years resolution of not arguing with people who won't listen to reason early!

GC8

Cocky shop boys seldom know as much as they think. Accepting that the facts are as stated here then there are definately grounds for refund. That womens sizes are not set, does not alter this fact.