Taking shoes back?

[Agile]

15 y.o. girl buys shoes after trying them on for a moment in shop.

Finds at home they are too tight on big toe. This was discovered by putting them on for a couple of minutes in the bedroom and the shoes are still visually "new".

Takes them back to change but shop has no larger size and refuses a cash refund and has no acceptable alternatives.

This is not a Clarkes or major chain just a one shop Asian owner in ethnic area.

Does anyone know the purchaser's legal position?

Tony

 

[joe-90]

They weren't fit for the purpose for which she bought them. She couldn't tell at first glance that they would 'pinch'. So is entitled to a refund under her statutory rights. However, the shop keeper will be stuck with them. Never deal with small time operators - ever.

 

[JohnD]

Or, to put it another way, person goes to shoe shop, looks at some shoes, tries them on, decides to buy them.

Next day decides she doesn't like them, has worn them, tries to get the shopkeeper to give a refund. Shopkeeper may feel that she examined and tried them on before purchase; shoes are not faulty, is not under an obligation to give refund.

 

[WoodYouLike]

Next day decides she doesn't like them, has worn them, tries to get the shopkeeper to give a refund. Shopkeeper may feel that she examined and tried them on before purchase; shoes are not faulty, is not under an obligation to give refund.

But in the light of customer service (long time 'planning/thinking') he could take them back on a discounted refund because the shoes are used by customer. Everyone happy, if principle explained properly to customer: you used the shoes, so in fact I shouldn't have to give you a refund, but I'm willing to give you part of your money back as a goodwill gesture.

 

[mandiehun]

Has she asked for a credit note?

 

[Slogger]

wheres the shop tell us and we will brick it for u

 

[Agile]

She is flying out on Tuesday so cannot use a credit note.

Bricking up the shop front is not going to solve the return of the shoes problem.

Tony

 

[fireman22]

why not just wait until a larger size in stock. flying out tuesday?

 

[breezer]

I take JohnD's side.

What is the shop keeper going to be able to do with a pair of shoes that have been worn?

 

[Steve]

I take JohnD's side.

What is the shop keeper going to be able to do with a pair of shoes that have been worn?

if they are in as-new condition, whats to stop him putting them back on sale at full price? i agree with the discounted refund idea though.

 

[Agile]

The shoes have been tried on at home, that all. No more than they could have been tried on many times at home.

Tony

 

[scatmanjohn]

She is flying out on Tuesday so cannot use a credit note.

Bricking up the shop front is not going to solve the return of the shoes problem.

Tony

I don't think bricking up the front of the shop was what Slogger had in mind Tony.

 

[splinter]

There is nothing wrong with the shoes so legally the shop is under no legal obligation to refund the girl her money

 

[hermes]

I can't see why the shopkeeper is under any legal obligation if the shoes are not faulty but I would have thought he would offer a refund out of goodwill if the shoes are as new.

Does this remind anyone of the post from the guy who tried to take a brolly back to Timpsons?

 

[Igorian]

Look here. It would appear that you have no rights.