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Returning An Item?

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Gavmacp | 18:07 Fri 16th Jan 2015 | Law
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My friend purchased a pair of shoes for Zumba dancing.
She specifically bought them as she has an old foot injury.
When she used them she discovered they were not as supportive as she thought and on closer inspection found they had little padding for support.
The shop has refused to refund her as they have been used.
Has she any rights?
I rather suspect not as she did not mention her injury when purchasing them.
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Not if they're not faulty.
If they are not faulty...then, the shop is right. She should have made sure they met her needs BEFORE purchase.
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I did wonder if you could describe them as not fit for use?
you can't, for example buy a coat from BHS, then wear it to the arctic and sue them because you get frostbite (saying it wasn't fit for purpose) Similar to shoes
Unless she specifically told them about her old injury, and what the footwear was for AND they suggested/recommended this pair...then, sorry, they are right.
What was the description of the shoes/ did they state that they were supportive / had sufficient padding, did she ask the shop assistant these questions?
The only remedy she would have is if she had told them her specific needs and the shop assured her that they were suitable. In that case the goods could have been misdescribed. Otherwise, I am afraid not.
they are fit for purpose though - for anyone without a problem with their feet

she should have tested them on carpet etc not used them out as they are now unsaleable

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