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AIBU?

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Original poster

To want to return this

106 replies

AnyLawersAround · 30/09/2019 10:32

Here for traffic. Any lawyers around?

I bought an item of clothing at a show yesterday. There were no items available to try on. I got home and it looks terrible on me. Stall holder has outright refused a refund and says there was a sign clearly stating no refunds.

I'd normally let something like this go but I run a business and bend over backwards to ensure clients are happy and this comes at the end of a run of shoddy customer service.

Does anyone know what my rights are?

Google not helping.

OP posts:
ICouldBeSomebodyYouKnow · 30/09/2019 12:07

The stall holder is not Marks & Sparks, who choose to offer returns, as a business decision. The stall holder does not have to accept a return of goods that are not faulty. Would they allow you to exchange it for a different size or colour, or a different item of equivalent value?

You say it looked terrible on you.
For all the stall holder knows, you may already worn it for a day or to a special event., so it could be sweaty, stained, marked, stretched seams etc.

It's yours now. You can do what you like with it - alter it, cut it up, gift it, sell it. If you sell it, remember to add "no returns" Grin

Twillow · 30/09/2019 12:08

Unless faulty or distance sold, no legal obligation to refund at all.

JoObrien7 · 30/09/2019 12:09

@Namechangeforthiscancershit

Because she is not being flexible most shop owners will be fexible with customers and exchange items for something of the same value. For example I have just brought a blind for my kitchen and it doesn't fit I measure it wrong. The lady who owns the shop has offered me a full refund but I have said I will purchase another one which is the right size and more expensive. She didn't have to refund me but she wants to keep my custom your lady doesn't care less about keeping customers as long as she gets the money

JoObrien7 · 30/09/2019 12:11

@Namechangeforthiscancershit

I thought you were the Op sorry ... I hope your name doesn't mean what I think it does .... if it does I hope everything goes ok for you x

Namechangeforthiscancershit · 30/09/2019 12:12

That's better customer service for sure but it doesn't mean this lady is doing anything wrong.

If she sells at shows and moves around then there isn't any point investing in a customer base.

Namechangeforthiscancershit · 30/09/2019 12:13

Lol I wish I had time to go shopping at shows right now, but I do definitely have too many clothes as it is Grin

Thanks, I'm well looked after and too busy to worry too much about things!

JoObrien7 · 30/09/2019 12:14

@Namechangeforthiscancershit

I would warn other customers about this lady's stall --- I wouldn't buy from her... I don't buy clothes from market stalls anyway.

Namechangeforthiscancershit · 30/09/2019 12:17

Me neither- too many memories of Lycra dresses when I was 12 Grin

AmIThough · 30/09/2019 12:19

To be fair, if she does move around a lot I can't imagine people will check Facebook before buying from her anyway.

But I still think it would be a shitty thing to do when there's nothing wrong with the garment and OP just changed her mind.

Perisoire · 30/09/2019 12:27

@JoObrien7

Because she is not being flexible most shop owners will be fexible with customers and exchange items for something of the same value. For example I have just brought a blind for my kitchen and it doesn't fit I measure it wrong. The lady who owns the shop has offered me a full refund but I have said I will purchase another one which is the right size and more expensive. She didn't have to refund me but she wants to keep my custom your lady doesn't care less about keeping customers as long as she gets the money

What has any of this fit to do with you being a legal assistant?!

The law is the law, you are not entitled to a refund just because you change your mind if the seller chooses not to offer one.

QueSera · 30/09/2019 12:27

May we see a photo of the offending item?

JoObrien7 · 30/09/2019 12:32

@Perisiore

She asked if anyone was a lawyer didn't she? I am actually married to lawyer and he tells friends to give anyone who has done something similar to give them bad publicity - because nobody will want to buy from her stall if they know she won't be flexible.

JoObrien7 · 30/09/2019 12:33

@QueSera

I would love to see it and perhaps she could hint where this lady's stall is so everyone can avoid itGrin

timshelthechoice · 30/09/2019 12:45

because nobody will want to buy from her stall if they know she won't be flexible.

I wouldn't have a problem buying from her stall at all if she's selling something I want. I don't really give a fuck if she's 'flexible' - I try the stuff on if I'm that bothered. I see reviews from people demanding refunds and the vast majority of them are just CFers who changed their minds. Then fuck off the M&S and take your valued 'custom' with you. If I were in business I wouldn't want PITA customers, anyway.

JoObrien7 · 30/09/2019 12:50

@timshelthechoice

Your choice ... I would avoid her like the plague .....

timshelthechoice · 30/09/2019 12:51

Stalls probably aren't for you then. I mean, it's a stall, it might not even be there when a person goes back because they don't like the item.

MyCatHatesEverybody · 30/09/2019 12:55

If it's a stall at a show it's unlikely she'll have many repeat customers anyway.

ReanimatedSGB · 30/09/2019 12:57

You know, one of the reasons a lot of small traders don't accept returns unless the items is faulty is because of cheeky fuckers. People who buy an item of clothing, for instance, wear it once then send it back for a full refund - and threaten to leave bad reviews or 'name and shame' if the trader doesn't, effectively, let them have free use of an item.

PhilCornwall1 · 30/09/2019 12:57

Threaten to try and damage her business if she doesnt do as you want

And I'd be saying "see you in court". That's extremely dodgy ground to try that one.

ReanimatedSGB · 30/09/2019 13:01

Oh, and if there is any kind of email trail to the effect that you asked for a refund and then left shitty reviews, the seller could sue you for extortion, defamation, fraud etc. And it would serve you right.

'What about customer goodwill' is the attitude of entitled cunts with no idea of what it's like to run a small business - if it's not idiots changing their minds about purchases, it's cunts with 12 followers on Instagram demanding stuff for free because 'publicity' and 'I'm an invluence'.

PhilCornwall1 · 30/09/2019 13:01

I am a legal assistant - I would give her bad publicity and see how she reacts.

Well, what wonderful "legal" advice that is!

Perisoire · 30/09/2019 13:06

@JoObrien7

She asked if anyone was a lawyer didn't she? I am actually married to lawyer and he tells friends to give anyone who has done something similar to give them bad publicity - because nobody will want to buy from her stall if they know she won't be flexible.

This is also extremely shit advice.

tectonicplates · 30/09/2019 13:11

There were no items available to try on. I got home and it looks terrible on me.

Legally you're not entitled to a refund, but if there wasn't a way of trying the item on then it has to be said that wasn't a great business practice. How are you supposed to know if the item fits you until you get it home?

That said, I did go into a shop once where there were no changing rooms, so I refused to buy anything. It's a ridiculous way of running a clothes shop.

SilverChime · 30/09/2019 13:12

I don’t think it’s shoddy customer service not to go above and beyond what’s required by law. You’re not entitled to a refund unless it’s faulty. A lot of small traders adopt that stance because they can’t afford to absorb losses like the big retailers can.

pigsDOfly · 30/09/2019 13:14

This woman selling from her stall probably isn't in a position to be able to absorb the cost of people returning stuff they may have worn or damaged in some way, because they claim they've changed their minds.

She isn't Marks and Spencer she's one woman with a stall trying to make a living who might have been stung by bad customers in the past.

Go to M & S and try to return earrings for pierced ears or makeup, you'll be told that they can't accept returns on those items. Many shops don't accept returns on makeup, underwear or swimwear.

Would you be looking for a lawyer to advise you on your rights if you bought some earrings from M & S or John Lewis and was was told you can't return them because you've decided they don't suit you? Because you can't try those on either.

Has no one heard of the expression 'buyer beware'? You chose to buy the garment without trying it on, there was a sign saying she didn't accept returns. How is she at fault?