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?
(Miss Charlotte Reed, 24 September 2008)
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.
You might also like...
Comments...
I bought a camera a week ago from a well known photographic store and am so disappointed with it . My old cheaper camera was a lot better.
Can I take it back and buy a different one?
Annie - 22 January 2012 @ 3:10 PM
My mother purchased Clogau earrings for my 40th birthday supposedly 9ct gold from FHinds online.No problems until I wore earrings and had an earlobe infection over the Christmas period.GP confirmed that the infection caused by earrings and because of it being so severe have been put on pencillin and had to attend walk in clinic to have ear cleaned due to yellow pus being present.Am not allowed to wear earrings so if I do decide to wear them again I will have to have my ear re-pierced.More upsetting is the disappointment for my mother who saved up a lot of money for earrings that I can not wear and have infected my earlobe.
Katie - 3 January 2012 @ 11:37 AM
Recently when getting my car washed at the local ARC i paid to use the self service vacuum cleaner which has a vending machine operation i.e. put £1 in the vacuum vendor and get 5 mins of vacuuming. Prior to putting my money into the vending machine I didn't notice that there was a sign explaining that the machine was closed for service. I am aware that the sign was visible but i didn't notice it. I approached the attendant of the carwash who informed me that he would not return my money as the mistake this was my fault and i should have noticed the sign. i explained that i hadn't received any service and therefore he was making 100 per cent profit when all he had to do was open the machine door and return my money or switch the second vacuuming machine on for 5 minute. He didn;t do either, informed me it was my fault and that he wouldn't be returning my money and left.
My concern is that this could either be a scam or simply terrible service. i am aware that the machine was out of order put do i have consumer rights in this occasion? how do i get my money back? who should i contact re: this? (please note the attendant was the business owners son and at first he informed me he did not know who the business owner was when i asked who to contact re: complaining about the service i have received)
I am also concerned that this machine is being used to scam consumers to attain 100 per cent profit to the company and that the company may not be declaring this income and therefore committing tax fraud.
steve - 13 November 2011 @ 5:48 PM
I bought a mobile phone and i after getting it home i decided
I didn't like it so i took it back to the shop. They have refused to give me
a refund or exchange unless its faulty. Am i entitled to a refund?
1977 - 30 August 2011 @ 12:00 AM
I bought a second hand car from a dealer two weeks ago, there is a problem with the eml, the dealer says he cant find the problem. What are my rights can I ask for a refund on the car?
guinness66 - 17 August 2011 @ 9:24 AM
Hi. I bought an experience voucher from last minute for brothers and dad birthday last nov. Booked in boating date for May. However on morning of experience the company phoned and cancelled due to boat yard been broken in. Rearranged the experience for date in August. Brother sent an email (wed) to confirm all ok for sun. Response from company stating that they had to cancel again. So only when sent email to them they suddenly told us it was cancelled. I phoned company one adviser stated it was down to injury of employer and another stated due to damage to engine. I asked for refund as wanted it for summer experience. Company said not entitled to refund! Dont trust the company at all now as feel they will just cancel again. Am awaiting to hear back from 'groupon' type company to see where I stand. Any advice would be appreciated. Paid by debit card
Buster - 10 August 2011 @ 7:12 PM
My son bought some pants from footlocker yesterday, when he got home they looked too big for him.He has took them back to the shop today but, they are refusing to refund his money and have given him gift vouchers.We don't normally shop here.Can I go into the shop and ask for the money rather than the voucher.My son is only 14yrs. Many Thanks
maggi - 31 July 2011 @ 2:05 PM
I purchased on line a projector for my laptop.The advert stated there were two left in stock and there was a 7 day delivery.I purchased the item for my business using my business debit card.7 days later I recieved an email stating the projector was out of stock and a subsequent delivery wouldn't be available for another 10 days.I cancelled the order via email and was told that I would be refunded forthwith.I waited 7 days for the payment to enter my bank account and then wrote to the vendor again to ask where it was.They told me thatthey had inadvertently sent the projector, now that they had sourced new ones and that I should refuse delivery of it when it turned up and that when they recieved it back they would refund me in full.I complained saying that as it was their fault the delivery was sent then they should refund me straight away.They disagreed and I waited another 7 days.I then rang them to say why hadn't they refunded me to which I was told they would and it would be in my bank within 4 working days.You guessed it, it never arrived.
I wondered if someone could tell me of my rights to recover the money?
Hitower - 19 July 2011 @ 5:42 PM
My gym is on the verge of bankrupcy and only managed to stay open this month because of a whip round from members. I cancelled my direct debit because I didn't know long it would remain open. I have paid this month's membership by cheque and have told them I will continue to pay by cheque for as long as they remain open. The owners say I must now give a month's notice if I wish to cancel which seems unfair.
Scottiedog - 6 July 2011 @ 3:29 PM
On 14t April I bought a brand new car from a dealership. There was a rattle in the dashboard which I reported 2 weeks later. The car went in 4 times before they found the fault. I have now been waiting 5 weeks for the part. They have no idea when they will get the part in and have admitted it could be 'months'. Am I entitled to a refund or replacement car??
rs - 1 July 2011 @ 10:46 AM
I purchased a push bike two years ago. The carbon frame was guaranteed for three years. The front forks have begun to fail. The supplier now has the bike and is trying to find replacement forks. They state the manufacturer does not have the same ones supplied with the bike so are looking for alternative forks. Am I entitled to a full refund on the bike or do I have to accept the replacement forks? I'm concerned that if the forks have started to fail then the rest of the frame may do the same. Thanks
squirrel - 24 June 2011 @ 10:43 AM
The above Company took payment via RBS worldpay for furniture they did not have in stock on 9th June. I called them for a delivery date as they had not contacted me on 13th June and they confirm they had mailed me on Friday 10th June advising they did not have stock and a refund would be made that would take 3 days.On 21st June no refund had been made and I tried calling the company but ended up mailing the company who the did the refund but have incurred charged on my credit card which I have asked them to pay. They say they have 14 days to do a refund but I cannot believe that when they took money knowing they did not have the stock available.Please advise.Transaction for the value of:
kc - 22 June 2011 @ 2:05 PM
Blinds misfitted on window. Seller not willing to sort out situation to my satisfaction. I haven't paid. Can they be returned?
Kaz - 10 June 2011 @ 10:22 PM
I have just had to cancel my wedding which was in 7 weeks. I understand that people involved are entitled to keep a deposit of the monies paid. I have paid £800 in full to my photographer and he is not willing to give any of the money back. Is he entitled to do this?
loops - 7 June 2011 @ 6:29 PM
Can you get a refund on a car that you have bought if the V5 says it is a different colour than what it says on the order form?
jabes - 25 May 2011 @ 10:07 AM
I have been charged over £1000 to fit a new ECU in my car after the dealer told me that this was why my car kept breaking down. Two weeks after the new one had been fitted my car broke down again with exactly the same faults on the computer. Am I entitled to a refund for this ECU as it obviously wasnt the part that was at fault?
paula - 24 May 2011 @ 11:00 AM
Bought a gift voucher as a last minute gift for someone.Decided almost as soon as a I left the store that the purchase was a bad idea as I was not sure they'd shop there.Went back to store a week later with my credit card to get a refund and was not gift vouchers are non refundable.Is this correct? Does not say anything to this effect on the reciept on anywhere on the store signage?
JJ - 23 May 2011 @ 1:51 AM
I recently booked a an economy international flight via a telephone with a company based on a promotional fare advertised on their website. I paid over the telephone using my debit card. The flight details arrived in the post and shock horror it is to an EU destination I have never heard of and it is a first class ticket. I checked my bank statement and the travel company have charged £200 more than was advised for the international flight I booked. I called them and they claim that the booked was based on information I gave over the phone and I am not entitled to a refund. This is totally untrue and ludicrous. How could I have booked a first class ticket to a destination I have never heard of. and first class seats at that. What recourse do I have?
JJ - 11 May 2011 @ 6:22 PM
Do I have to accept a repair on a brand new sofa it has over 10 manufacturing faults and they have also used second legs and foam cushions.
skully - 10 May 2011 @ 10:24 PM
I purchased a bed for my 5 year old daughter in June of last year, the bed has since snapped in half. I have sent the company an email on the 17 April 2011 and l requested a refund for the bed, the company are saying that I am not entitled to a refund.
snooks - 8 May 2011 @ 10:12 AM
I bought a car 4 months ago its beem in the garage for a month and a half already it has a intermittent engine fault that they can't trace yet it said it was a good runner on the advert but he wrote sold as seen on the receipt. I bought the car for £3,000 it has cost £1500 so far do I have a case for repair charges
dave - 5 April 2011 @ 8:31 PM
I got an i-phone from a pay weekly store and a few months down the line it went faulty. They accepted responsibility and would repair it, it has now been 8 weeks and I'm still paying for it do they have a time limit to get it repaired? All they keep telling me is that the parts are not in yet.
rich - 28 March 2011 @ 10:37 AM
The same would apply if the item were faulty. As the Sale of Goods Act 1979 states: an item has to be safe, as described, and fit for the purpose for which it was intended.
ConsumerRightsExpert - 15 March 2011 @ 11:41 AM
What about refunds on digital goods?
Al - 12 March 2011 @ 3:22 AM
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
