Am I Entitled To A Refund?

Q.

A personal item of clothing I had purchased had been damaged by ink off the receipt from the shop. I asked the shop to refund the cost of the goods damaged. I was offered a credit note only, but the item was from another store.

What are my rights for demanding cost of the garment damaged?

A.

This raises a very interesting question. If the item was damaged by ink from the receipt, did that damage occur before or after the sale? The whole thing really hinges on that question.

It could effectively be argued that when the shop assistant pops the receipt in the bag with the purchase, that completes the sale, and the shop seems to be willing to at least take partial responsibility by offering a credit note.

However, under the Sale of Goods Act 1979, an item has to be safe, as described, and fit for the purpose for which it was intended. It could very well be argued that the ink on the garment leaves it not as described (as you bought it) or fit for the purpose for which it was intended, and all through no fault of yours – that lies with the retailer. Prove that they were faulty, or if the shop accepts they were because of the ink, and the Act should cover you.

Under those circumstances, you have the right to repair of the item, a refund, or a replacement. On that the Act is very clear. The shop might well consider the credit note a compromise – they’re offering you the chance to replace the item with another of the same value, but technically it’s not the same thing. Even if credit notes are store policy, as they seem to be in many places these days, they do not supersede the Sale of Goods Act.

You have a reasonable amount of time in which to exert your rights. There are no specific limits set, but beyond a period of six months, if the shop refused to replace, repair or give a refund on the item, you’d need to prove the fault in the item wasn’t of your doing.

In this instance, however, it sounds as if you’ve contacted the shop quickly. You should try to insist on repair, replace or refund, rather than a credit note. If the shop refuses, try contacting Consumer Direct or Citizens Advice Bureau (which says you don’t have to accept a credit note if the goods you’re returning are faulty). They can offer fuller advice on the situation.

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