faulty goods

[cianbridie]

If a top was purchased for �35.00 and it went mischaped on the first wearing, can i demand my money back without the sale receipt. The only proof which I have will be a credit card statement and the bag in which it was bought. The woman at the shop refused to give me my money back or a credit note, where do i stand.

[andy hughes]

If you produce your crediut card receipt, and the bag, then that is reasonable proof of purchase. The goods are not of useable quality, and under the Sale Of Goods Act, you are entitled to a replacement, or a refund - your choice, not theirs.

If they refuse, advise them that you will tkae the issue to the Trading Standards Department at the local Council - stopping off at the local paper on the way to see if they'd like to make a story out of a shop that is denying you your legal rights.

Be polite, but firm - they should cave in - if not, carry out your threat.

[Sasha13]

I can back this up as I work as a Senior Manager in a clothing store. If items that are bought are not 'fit for the purpose' (i.e. a jacket that is described as waterproof that actually isn't) or are of 'unsatisfactory quality' they are considered faulty under the Sale of Goods Act. You are entitled to either an exchange or refund (unless the fault was pointed out to you at the point of purchase, in which case the store doesn't have to take them back). On top of this, you do not need ANY proof of purchase. The only way that the store can get out of giving you a refund is if they are debating that the item is faulty. The way to prove that it is, is to take another garment the same as yours off the shop shelf and compare the shape - if it's different the item is faulty. The store should not claim that you must have washed the item without following the care instructions as the law is on your side, and they must give you the benefit of the doubt if you say they haven't. As suggested, if after speaking to a manager at the store, no refund is forthcoming, take the manager's name and make a formal complaint to Trading Standards. Good Luck :-)

[nemi]

 the store could be refusing to issue you with a refund because they don't believe the fault with the item is due to a manufacturing problem but factors outside their control. i.e. if the care label instructions weren't followed correctly. Despite the fact that you can produce proof of purchase they have the right to refuse a refund if they think the garment has been damaged by yourself (i'm not saying it has) but in matters like this its your word against theirs unless the garment is examined by a quality assurance specialist.