to think I can return this?!

[ritakonig]

Bought a beauty product and sales assistant wrapped it in tissue paper and sellotaped the bag. When the price came up it was cheaper than I expected.

I apologised and said I might have picked up the wrong product and I wanted x and even stated the price of it and she said no it was the right product.

Bought it and left, decided to check and it was the wrong product.

Took it back and they refused to exchange it for me

Took it back and they refused to exchange it for me

you have literally just answered your own question

Did you explain?

Had you opened it?

Why didn't you just check it before you bought it? What shop was this?

I picked up a box behind the product I was buying. It was a mistake, I’m not perfect.

I realised my mistake when the price was wrong but she assured me it was the correct product.

Yes you can. It was bought under a misrepresentation - may have been a mistake on their part, but it's not what you agreed to buy. May be hard to prove, but if you're calm and reasonable and stand your ground, they should exchange it. I'm presuming it's unopened. Can you speak to the same person who served you?

Go to the manager and explain

Have you opened the product though? Because that’s going to be the difference between getting and exchange and not.

If you haven't opened it of course you can return it.

Was this in superdrug by any chance?

If you haven't opened it of course you can return it.

There is no law that says they have to accept a return because you lifted the wrong item.

I was in Home and Bargains yesterday and a Customer wanted to return Hugo Boss Lotion that she had thought was Spray, because the cellophane was still on it, they exchanged it, even though its against Policy.

If that's the case, for good customer relations, they should have exchanged it.

Was it an Assistant or Manager that refused?

There is no law that says they have to accept a return because you lifted the wrong item.

It’s a bit different if the OP specifically said this might be the wrong thing and was assured it was the correct thing though. At that point it’s the cashier’s error.

Yes think legally would be entitled as it's goods not as described under the sale of goods act. Difficult to prove though unless the assistant admits to it.

I used to work in retail and we couldn’t return any cosmetics that didn’t have a plastic wrap on them. Some of them didn’t come into store with the plastic wrap so even if the customer hadn’t used it and had just changed their mind we were meant to refuse the refund on hygiene grounds. Same with bikinis and the plastic strip in the bottoms.
It should have some sort of seal on it, if it does you can return it. I would call there customer service number, usually if customer service okay the return the store have to honour it.

Yes think legally would be entitled as it's goods not as described under the sale of goods act.

I'm struggling to see how this would work given the OP picked up the wrong thing.

Not as described generally covers things that are sold as being green inside when really they are blue.

What reason did they give for refusing?

The OP is entitled to a refund because what she had agreed to buy wasn't what was sold to her.

The OP realised it might be the wrong product when the sales assistant told her the price.
When OP queried if she had the correct product, the sales assistant assured her it that the product in the bag was the one she wanted to buy.

Therefore, the sales assistant sold the OP the wrong product.

But she can't prove that.

She shouldn't have to if it's still sealed. If it's a store with several branches, I'm thinking Boots, Superdrug, try taking it to another branch with (hopefully) more sensible staff, OP.

She shouldn't have to if it's still sealed.

Well yes she should. If the basis of return is that is was incorrectly sold then OP needs to be able to prove that.

There is no legal requirement for stores to accept returns simply because items are still sealed.

There may not be a legal requirement but there is a good customer service requirement. If it's a big chain, you could try Tweeting about it, OP. I've found it remarkably effective.

I completely agree.

Yes think legally would be entitled as it's goods not as described under the sale of goods act. Difficult to prove though unless the assistant admits to it.

No it wasn't. Do you lot just type the 1st things that enter your head?

There is no law that says they have to accept a return because you lifted the wrong item.

This is what annoys me about MN, people either reading half a story or just seeing what they want to read.

Yes I picked the wrong product BUT I said before payment oh sorry I think I’ve got the wrong product because the price should be x, is year definitely x product?

That’s a different situation to just me picking up wrong item, not noticing and leaving the store.

Yes, take it back again, ask to speak to the manager if they refuse and point them to s11 of the Consumer Rights Act 2015 (which has replaced large parts of the old Sale of Goods Act).

Normally if you just bought the wrong thing you would not be covered, but if they wrongly described what you were purchasing at the point of sale then you have a right to take it back. Of course, if they refuse you might have trouble proving what was said, but be difficult and they might give in.