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.

I think with charity shops (maybe with other shops too? Not sure), if they don't have a changing room they have to offer you the receipt, and you have the right to return it if you try it on at home and then change your mind. Don't know if it's 14 days or a different length, though.

I have given many bnwt items to the charity shops over the years - not one of them shoplifted!! Usually due to weight gain or loss before getting around to wearing, not returning for refund in time, or simply a regret purchase or going off something.

I'd always assume the same for any bnwt items, not that they'd been donated by a skanky shoplifter! (shoplifters don't strike me as charitable types anyway!).

God, I hate pious posts like this.

It's illegal to sell fakes.

They have paid staff who's job is to weed out whats fake and whats real

They priced it up as if it was really that brand presumably. Hopefully you get them to admit that, which they sort of have to else it just looks like they're overpricing things really badly.
In that case a refund is due. The item isn't the quality expected.

If it was just unbranded then it could be sold for less. So they were clearly capitalising on the brand name.

If they still refuse it contact head office.

i work in a senior leadership role in charity retail - absolutely take it back. Explain it’s a fake and sold for a price that would have been expected of it were real. Ask for head office details if they refuse and ask for the name of the manager refusing. 100% should be refunded. I expect my shops to offer refunds but some charities do not so it may be against their policy but doesn’t mean they can’t!

No, I took something into the charity this week with the label still on it.

I cannot believe so many people think you're being unreasonable. Of course they should refund and it's pretty crap of them to try and weasel out of doing so because they think as a young teenager she wouldn't know the legal expectations.

It shouldn't require someone else going back with her to get the refund she is entitled to. I would definitely go with her and also contact the head office.

Yes. Because said charity shop broke the law. And they’re no worse off if they refund the OPs daughter. They are in exactly the same place they were before they (potentially unknowingly) ripped her off. And if they then bin the item of clothing, they’re no worse off than before it was donated.

The fundamental tenet of most charities is doing good. Ripping off teenagers flies in the face of that.

They aren't allowed to sell fakes. They clearly advertised it as premium due to the price tag. They are bound by the same selling regulations as any other retailer.
They are breaking the law if they don't fully refund you if you are returning it in the same condition as when you bought it and within a reasonable timeframe.
Remind them of your rights, the law and the penalty for breaking it.
The law always trumps store policy.

Aw no I would totally want a refund for that price!!! Complain to head office

I work in a charity shop and we have someone who checks for fake goods.
If they are found to be fake they have to go in the bin. Can't even sell it for less.
Has to be binned.

@Thelongestdayever well done to your DD for taking it back and asking for a refund.

The charity shop absolutely 100% have to refund. They have priced it high believing it to be designer and it is illegal to sell counterfeit goods.

Go back with her to the shop, remind them that it is illegal to sell counterfeit goods, and insist on a refund. If they refuse, ask to speak to the manager or tell them if they don't refund you will be involving trading standards.

Under s11 of the Consumer Rights Act 2015 goods must be as described. If it had a designer label but was fake it was not as described.

Go back to the shop and tell them she is exercising her short-term right to reject for a full refund within 30 days under s22

Consumer Rights Act 2015

Yes I’d go back, insist on talking to the manager and explain that they are not allowed to sell fakes and that you expect a refund. I buy loads from charity shops and love them but this isn’t on.

They’ve clearly priced it like a designer item. A fake item would not be sold in a charity shop for £40.

I'm a former charity shop volunteer and we used to have a lot of fakes donated. Some were so obvious, other less so. If it's not a brand you are familiar with and don't know what it should look like, you can be easily fooled.

However, it is against the law to sell fake/counterfeit goods and that applies to charity shops as it does to every other shop. They absolutely should offer a refund (assuming you have the receipt and have not removed the charity shop tags).

You have received some good advice OP, hope your daughter manages to get her refund some otherway - I would be so upset

I’m not sure I understand how it can be BNWT and fake. What do the original tags say? Do shops and market stalls selling knock-offs have tags on their goods which mimic the original tags on genuine items?

I’ve never bought designer so this is all a mystery to me 😅

Yes; why would they not have tags? I don't understand why you would think they wouldn't? It's just a tag with the brand on one side and the barcode/price on the other usually.

I have worked in a charity shop for a good few years and they must refund. Charity shops are just like any other high street shop, they are not allowed to sell fakes.
Just saying they cant tell is not good enough, we are not allowed to put any branded items out for sale unless there is no doubt whatsoever that they are genuine.

Tell her to go back and insist on a refund.

The shop cant get away with saying 'in the style of' or anything like that.
If its got the brand name on it must be genuine or cannot legally be sold.

What brand is it? Can you post the tags?

Yes fake goods do have tags which look like the real thing! ‘Fakes’ can be pretty good.