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

[Thelongestdayever]

My teenage DD has recently got into thrift shopping. She bought a designer sports brand jumper yesterday in a charity shop, new with the tags on, she paid £40 so not cheap but still a saving on rrp.

When she was showing me we realised it’s not real. I suspected as the quality is off and on closer inspection it’s a definite fake.

DD took it back to the shop today and they refused her a refund saying that they only refund faulty items. AIBU to go back with her and ask that they do refund? The RRP would be about £60 so not unreasonable of her to presume it was real but a bit cheaper, IMO (eg it’s not like it was a Chanel bag for a tenner which I would clearly expect to be fake). £40 is a lot of money to DD and it’s not even really a good fake in hindsight.

No I’d be going back and advising that if this isn’t resolved, then you’ll have no choice but to inform authorities. You’re out of pocket, the charity shop isn’t, it wouldn’t likely been donated for free. They are being CFs

Not true when it comes to selling fakes. Even unintentionally is not allowed and must be rectified. Charity shops dont have an exemption from this law.

I was replying to this poster:

Justanothermum42 · Yesterday 19:45
all charity shops refund if still with tags and you have the receipt.

They should 100% refund it. They have clearly priced it on the basis that it’s genuine.

If that was the case this thread wouldn't exist. The whole problem is that they refused to give a refund

There must be 1000s of charity shops, no one can know what they all do

Some do, some don't and I think that may depend on whether they have a changing room or not. I could be wrong though.

YANBU. It is faulty as it's a fake and sold as designer. CF's!

You are wrong. If you buy something and it doesn’t fit or you change your mind about the colour the law says the store does not have to offer a refund, whether it’s Oxfam or m&s. Most do of course as a matter of goodwill, charity shops included, but they don’t have to. Fitting rooms don’t come into it!

No shop is obliged to give a refund tbh.

I think if there is a suggestion it is a fake they would be glad to know about it. I use a charity shop near home and they are very sharp when it comes to possible or actual fakes.

Consumer law doesn't depend on the facilities in the shop, charity or otherwise it's the same for all shops

The only sellers of clothing obliged to refund are online because you have not inspected the item before you pay. Distance selling.

Surely if you have a receipt and bring back within 28 days you can get a refund? It states that on most receipts doesn't it?

No!!

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

Well that's depressing! Thankfully I've never encoutered this and always managed to at least get an exchange if not a refund.
I remember a decade or so back, an ex colleague having a solicitor for a boyfriend and she called him when their local Tesco refused to give her a refund (despite her having a receipt and it being within 28 days of the purchase). Her DP argued the toss for ages quoting all sorts of legal jargon until they eventually relented ha ha.

They relented because he was being an annoying prick wasting their time not because of his consumer rights

Goodwill refunds or exchanges aren't the same as the law

True, but if a company states that you have 28, 14, or 7 days on their website or the back of their receipt, they have to honour that. (Charity shops may not do this, but most of the big stores do.) However, OP was sold illegal counterfeit goods, so regardless of whether the shop accepts refunds or not, they must refund in this instance, as her consumer rights have been breached and the store is selling illegal goods.

That might be true (I found him to be a bit of an annoying prick generally in any case lol) but from her perspective it sounded like he had a legal case/point. Oh well, whatever, I'm not that invested in this thread either way, but just v surprised

Not all CEOs of charities are paid loads, and even if they are it’s still a charity shop.
It’s a good lesson because if you buy secondhand you need to know what you are looking for and how to spot a fake. Losing some money might motivate her to do some research

That’s a dreadful attitude towards to young girl. Some fakes are very good and I know I wouldn’t expect to find a fake in a charity shop.
I’d expect the staff to do their job properly and not sell fakes.

Are YOU a CEO??
Sounds like it.

I am only just getting back to this thread as life got in the way! Happy to report I went back with DD and they did refund her. Said they knew who donated it too. So possibly they get faked all the time!

Great news, OP. And hopefully a lesson to DD to not take things at face value when £40 (a LOT of money to a young person) is at stake. Luckily she had a soft landing from this learning experience. My niece got scammed on Vinted and wasn’t reimbursed.

It is against the law to sell counterfeit goods. New, second hand, car boot sale etc., etc., etc. It is pirated goods, and breaks trading standards, maybe copyright. Maybe horrible criminal gangs in the chain of their production.

The purchaser is entitled to their money back.