AIBU to ask a charity shop to refund a fake designer jumper?

It doesn’t matter that it wasn’t malicious. It doesn’t matter if they thought it was designer. And give her a refund this one time, as if they’re doing her a favour?! They are breaking the law. She’s entitled to a refund and the product can’t be resold.

Given the age of most charity shop volunteers, I highly doubt they'd spot a fake. Surely the issue is with the person who donated it and didn't tell them it was counterfeit?

Completely agree with this.

They sold a fake. They legally have to refund her (and should not sell it to anyone, either).

I support charity shops. But that's not the point, here. They sold a fake for a 2nd hand genuine price. They owe a refund.

I volunteer in a charity shop (one that doesn't sell clothes.)

I don't think it's unreasonable of you to go back and ask for a refund again. I agree with others who have said that the £40 was likely because whoever priced it assumed it must have been a real designer item, so it ended up being overpriced for what it was.

I highly doubt they would have knowingly sold a fake designer jumper. So there was nothing malicious in them selling it. Did your daughter do a good job of explaining the situation? I'm wondering if, at her age, she might have felt a bit awkward and shy about asking for a refund and maybe didn't state her case very well? Perhaps if you accompanied her and state that it looks to have been priced as a designer, and articulate why it's not, they might agree to a refund this time.

Perhaps if your daughter likes the jumper and doesn't mind keeping it, you could just ask for a partial refund, like £20?

It's possible they might be able to refuse again, but I don't think there's anything wrong with you going again to ask.

I volunteer at a charity shop and the average age of the other volunteers is 65-70. They probably just saw a brand, priced what they thought appropriate and had no idea it was a fake. Unless one of us "young 'uns" (all 40+!) are there it doesn't get checked. Go back with your daughter, explain the situation, show them how you know it's fake and discuss the refund amount with them. It's not unreasonable at all to want to return a fake item.

I wonder whether an actual authentic version would be a good idea for her birthday or Christmas, OP.

She will be disappointed now, of course.

@Thelongestdayever go back into the shop with her on Monday.

Under the Consumer Rights Act 2015, a charity shop selling an item as a specific designer brand constitutes a sale by a business. Because the item is fake, it fails the legal requirement to be "as described". You are legally entitled to a full refund if you reject the item within 30 days of purchase.

Ridiculous, in that case it should be priced at £5 not £40. You are paying for quality.

@Thelongestdayever Have you been back to the shop yet?

It's not a boot sale or a private sale though, it's a registered business and they have to abide by trading standards and you know, the law?
Many people commenting on their thread just giving their thoughts and inclinations on the matter which aren't mired in actual law and or facts.

They should refund but they cannot reprice it and sell it as a fake.

As with other readers. It doesn’t matter that it is a charity shop, it is NOT legal to sell fake goods. So they have to refund you and if not report to trading standards, they’ll be VERY interested.

But it wasn't bought to resell, what's that got to go with this situation?

I can't see any reason not to take it back, I'm sure the charity didn't knowingly set out to sell a fake item, at £40 they clearly thought it was genuine.They were wrong so they should refund and reprice at it a fair price for a fake, no one loses out, it was free to them in the first place.

The life lesson is not to be ripped off, even by a charity shop. It’s important to know your rights and when it’s sensible to pursue them or when it might not be.

I think it's a bit of a life lesson, some you win, some you lose.

If it had of made a significant profit, if it was bought to resell would the profit had been donated

I suspect that if you go back when the manager is on duty, or contact regional/head office, they will refund.

Whereas with an ordinary retailer, they should know the source of their stock and could be held responsible if they're selling fakes, obviously a charity shop never knows the provenance. They priced it according to the branding, and unless they have someone particularly clued up, they're not necessarily going to recognise a fake.

Clearly the correct response should be an immediate refund once the error is pointed out, but the volunteer on duty probably isn't an expert in the brands, and so will have followed the general rule. If you ask to speak to the manager, I'm sure all will be sorted out.

It's difficult, because if they change the policy to "if someone says it's a fake, always refund", then word will get around that people can buy a designer item, wear it, then take it back and claim it was fake.

No they cant sell it on

"new with the tags on"

Do you know what new means?

Agree. She should get a refund but maybe educate her a bit on smart shopping. Just because the full price is £60 on the website doesn't mean £40 from a charity shop (where you are restricted to one design) is a bargain. They do 10-20% off for new customers on their own site and they sell them in Sports Direct where she can get a choice of design and size.

I know this is menswear but they have mens', womens' and kids'.

https://www.sportsdirect.com/the-north-face-the-north-face-simple-dome-crew-mens-522971#colcode=52297102

You think being sold counterfeit items is a risk you take shopping second hand? Fortunately the law disagrees with you.

This... these people are volunteers and you want to rake them over the coals because £40 is a lot of money to her, (not too much if it was real)
They weren't to know, it's a charity and they work for free. Give them a break.

I'd say it is a risk when shopping second hand, charity shop is buying "as is".