To want to return this

[AnyLawersAround]

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.

Depends upon how much it was and if the OP can afford to lose that amount I suppose...

Well no. None of that changes the law.

I am a legal assistant - I would give her bad publicity and see how she reacts. Can you do it on line anonymously?

Well you’re a nasty person then aren’t you? And being a legal assistant is neither here nor there.

But if you bought an item at a show, I'm assuming you weren't buying on the trader's premises? In which case, it could be classed as an off-premises contract and different legislation applies - including the 14 day cooling off period... I found some information here: www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/offpremisescontracts

But if I were you I'd contact trading standards and ask what your rights are.

I used Google for similar information recently, and found huge amounts about what used to be Sale of Goods Act, so I'd try Google again.

Your rights are explained in the Sale of Goods Act 1979.
In a nutshell, as this wasn't a distance sale, you have no right to a refund unless the goods are agreed as faulty by the seller and returned within a reasonable timeframe.
Or, if a retailer advertises a refund policy at point of sale (ie return within 14 days etc) then they must honour this.
Neither of the above apply to you.
Quite easy to research online.
I would think most people would also assume a stall holder probably doesn't offer refunds, even if they missed the sign saying so. Or, if not tried on, would check at point of purchase.

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.

You sound like a lovely couple. Very well suited in fact.

The law is very clear. You can get a refund if the item is faulty or not fit for purpose.

If you buy something and it doesn't fit, or you decide you don't like the colour, or just change your mind. you have NO legal right to a refund. Yes, some stores do more than the legal minimum and will let you change things, or refund you. But they don't HAVE to.

All the people suggesting the OP slags the trader off publically on social media - are you sniffing glue??

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.

The fact that you are married to him, doesnt make the advice any less shit.

JoObrien7 ... you’re a legal assistant , then when challenged, you’re also married to a lawyer? Yeh right. Your posts show you’re nothing of the sort. Badmouthing a company because they’re obeying the law.??? You’re a joke!

OP ... you asked your rights (which can EASILY be found online) ... you have NO right to return it just because it doesn’t suit. Simple as.

YABU

She was clear about her policy, your legal rights are clear. If you don’t like it then shop at big companies who choose to offer refunds rather than stalls.

@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.

Thats a lawyer i would avoid...
Give some one a bad review for no good reason in the hope they will do what you want is extortion

you’re a legal assistant , then when challenged, you’re also married to a lawyer?

Armchair Lawyers I'd say.

Armchair Lawyers I'd say.

Probably watched four episodes of Law and Order.

I still think it's a ridiculous way of running a clothing stall, even if it isn't illegal. How are you supposed to know if the clothes will fit you if there's no changing rooms? Surely of you let people try stuff on then the OP wouldn't have got into this situation.

@tectonicplates Do you not get that stall holders can’t magic up a changing room?! That’s why stall holders charge less money than shops!

@tectonicplates if thata a concern, you choose not to buy it. No one forced the OP to buy it.

It doesnt matter wether you think its ridiculous or not. It's not your business.

Do you not get that stall holders can’t magic up a changing room?! That’s why stall holders charge less money than shops!

Even a lot of cramped market stalls manage to have a tiny changing room behind a curtain.

It doesnt matter wether you think its ridiculous or not. It's not your business.

It matters to me because it means I won't buy anything if there's no way of trying it on.

It should also matter to anyone who runs a market stall without a way of trying the clothes on, as it's going to make customers think twice.

I have never seen a clothes stall with a changing room! I have a huge market near me and even the largest one (as big as a small shop) only had a mirror or two so you could hold up the item against you or try it on top of your clothes.

It matters to me because it means I won't buy anything if there's no way of trying it on.

Then dont! The person has weighed up the pros and cons of their decision. And decided to rin their business how they want.

If you wanted to buy something you would have to weigh up the pros and cons. It's not going to damage you to not buy the item.

Lots of markets dont have changing rooms.

I certainly don't. I don't understand how anyone does, and I hope the OP has learned from this and won't do so ever again. But I do think there should be a change in the law. If you don't provide a way of trying the clothes on then you're expecting the customer to take a massive chance. I find it very difficult to find clothes that fit me anyway, and if I try on ten items then I'm lucky if one of them fits.

Surely of you let people try stuff on then the OP wouldn't have got into this situation.

Or just don't purchase the item if you don't want to get into this situation. I sometimes buy second hand clothing from charity shops, eBay and car boot sales where there's no changing room and no returns/exchanges. I buy them at my own risk, knowing they might not fit me or suit me. The OP made a mistake by not checking the returns policy before purchase.

YABU in every way.

YABU to buy something then change your mind, want a refund and want to damage someone's business.

YABU not to realise this is because the stallholder would otherwise be plagued with people wearing stuff then trying to return it.

YABU to buy something on the spur of the moment from a stall (not a shop with a refund policy) and not to try it on then expect the same rights as buying from a shop with said returns policy.

And really YABU to expect free legal advice over such a trivial issue - its all easily googled and easily understood. The legislation on this has only been around in some form or another for 40 years or so!

If its a big purchase, if you feel hard done by maybe by strong sales techniques, then maybe just maybe it might be justified to try and damage someone's business reputation. But in this instance the stallholder did nothing wrong and you would be terribly bad mannered to try and cause them business damage. Hopefully anyone reading such attempts by you would consider you a fool. Sometimes you just make mistakes, and have to take it on the chin without having a tantrum.

So you think changing rooms should be a legal requirement.

Or the alternative is if you dont have a changing room you must refund anything?

What if there is a changing room and you decide not to use it? How does the stall holder prove that?

Its threads like these that make me sure selling my 2 businesses to exh was definitely the right decision.

Is it just me wondering what this dress looks like? How could it be worth this much fuss rather than just flogging on eBay? (Is that sufficiently inflammatory to get pics, op )

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.

Probably because its easier than spending 2 hours explaining the common sense contained in the CPA to people that aren't paying him for matters they wouldn't trouble a solicitor with if they did have to pay. Every lawyers just loves friends like those...