Retailer dispute

[allroad]

I purchased some cloths on Saturday and did not have time to try on

I returned them on Monday as they dont fit (too big)

The shop refuses me a refund on the grounds off "I should have tried them on"

Are they right to do so ?

Will my CC company assist ?

 

[MH]

Yes your credit card company should help

 

[The Dentist]

if you havent used them they should give you a refund or a credit note mate. any retailer would do. who was this?

 

[Evastar]

if they still have the labels on they should exchange them at the very least for a smaller size, people often buy clothes as presents for people and get the size wrong.

 

[carlos]

Thats bo@&ocks ! They shud give you a refund no questions asked. It's only been a couple of days .

 

[thebigman]

they dont have to refund you, but they should exchange them for you.

thebigman

 

[witchy]

Audball says..."stores like ARGOS have spoiled us and made us think that just because ARGOS are so lenient with returns etc that we think it's the actual law, if a shop has a changing room then you as an adult are expected to use the room and verify that the item is suitable. Legally the shop is within its rights, on a customer service level it's atrocious".

I think she's talking shite. It's a disgrace imo.

 

[allroad]

they did not have a smaller size in stock

but things were then getting heated and I left the goods with them and left

 

[Evastar]

so they have the clothes and your money. have you got a receipt at this stage or anything?

 

[witchy]

Write to their head office mate.

That is terrible customer service. It's easy to say that they've just lost a customer.

BTW, not a good idea leaving the items behind.

 

[allroad]

its a local independent retailer (only one shop in the city)

 

[Evastar]

so was it a junior member of staff or the manager or owner?

and are you a regular customer?

 

[allroad]

the owner !!! (I assume he is)

Not regular

 

[MH]

Sale of goods act states the following

Where you have no rights
The following are common situations, but do not require the shops to do anything:

• You simply changed your mind or the item was not appropriate due to colour, size or style
• If you buy something expecting it to be a size 14, but it clearly isn’t your size, this does not mean you can get a refund, although you can usually exchange it or get a credit note.
• If the item of clothing is dirty and the mark can be removed by washing, this is not the same as damage and shops are not obliged to give you any discount

Consumer rights when buying clothing and footwear | Consumer Information

 

[The Dentist]

To be honest most shops in the high street will give refund or exchange at least...to refuse something so trivial as clothes because of wrong size is just rediculous. I think you just got some nob who was just having a bad day and taking it out on you mate.

 

[Evastar]

well unfortunately if you walked out and left the clothes there and didnt get a refund or exchange at the time i dont know what you can do now.

i'm not au fait with spanish retail law, but it says here they don't have to give you an exchange


Exchange
Unless goods are faulty, a consumer does not have a legal right to an exchange. It is at the trader’s discretion. Therefore it is important to verify before buying, if the trader allows an exchange, and to obtain a written confirmation – e.g. a note on the original receipt.
In bigger and important shops exchange is a common practice although the consumer has to ask for the change within 15 – 30 days after the purchase.


Shopping in Spain - European consumer centre

so if they aren't obliged to give an exchange or refund, i guess go get the clothes back and give them to a friend they might fit? if he will even give you them back at this stage, is going to be your word against his

edit: is the shop in spain or the uk?

 

[allroad]

im in the UK at the mo Eva

 

[TheCheekyMonkey]

sorry mate, looks like your flucked, youve left the clothes , have you got a note? to say they have been left with the shop, as to be honest they can just claim ignorance and there aint nowt you can do.

things got heated ? yes , not that i`m siding with anyone but maybe he didnt like your atitiude?

 

[allroad]

yes i got a note saying they were left

heated after we were going nowhere so thats not an excuse as he was determined from the start

 

[MH]

Is it a credit note? If so that's the best you are going to get.


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