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.

You think being sold counterfeit items is a risk you take shopping second hand? Fortunately the law disagrees with you.

Agree. She should get a refund but maybe educate her a bit on smart shopping. Just because the full price is £60 on the website doesn't mean £40 from a charity shop (where you are restricted to one design) is a bargain. They do 10-20% off for new customers on their own site and they sell them in Sports Direct where she can get a choice of design and size.

I know this is menswear but they have mens', womens' and kids'.

https://www.sportsdirect.com/the-north-face-the-north-face-simple-dome-crew-mens-522971#colcode=52297102

"new with the tags on"

Do you know what new means?

It’s not raking them over the coals to give her a refund. They’re no worse off than they were before if she gives the item back.

No they cant sell it on

I suspect that if you go back when the manager is on duty, or contact regional/head office, they will refund.

Whereas with an ordinary retailer, they should know the source of their stock and could be held responsible if they're selling fakes, obviously a charity shop never knows the provenance. They priced it according to the branding, and unless they have someone particularly clued up, they're not necessarily going to recognise a fake.

Clearly the correct response should be an immediate refund once the error is pointed out, but the volunteer on duty probably isn't an expert in the brands, and so will have followed the general rule. If you ask to speak to the manager, I'm sure all will be sorted out.

It's difficult, because if they change the policy to "if someone says it's a fake, always refund", then word will get around that people can buy a designer item, wear it, then take it back and claim it was fake.

I think it's a bit of a life lesson, some you win, some you lose.

If it had of made a significant profit, if it was bought to resell would the profit had been donated

The life lesson is not to be ripped off, even by a charity shop. It’s important to know your rights and when it’s sensible to pursue them or when it might not be.

But it wasn't bought to resell, what's that got to go with this situation?

I can't see any reason not to take it back, I'm sure the charity didn't knowingly set out to sell a fake item, at £40 they clearly thought it was genuine.They were wrong so they should refund and reprice at it a fair price for a fake, no one loses out, it was free to them in the first place.

As with other readers. It doesn’t matter that it is a charity shop, it is NOT legal to sell fake goods. So they have to refund you and if not report to trading standards, they’ll be VERY interested.

They should refund but they cannot reprice it and sell it as a fake.

It's not a boot sale or a private sale though, it's a registered business and they have to abide by trading standards and you know, the law?
Many people commenting on their thread just giving their thoughts and inclinations on the matter which aren't mired in actual law and or facts.

She didnt buy it to resell it she bought to save a little bit off the price it would be in a shop.

@Thelongestdayever Have you been back to the shop yet?

Ridiculous, in that case it should be priced at £5 not £40. You are paying for quality.

No as they close early on a Saturday! It will have to be Monday

@Thelongestdayever go back into the shop with her on Monday.

Under the Consumer Rights Act 2015, a charity shop selling an item as a specific designer brand constitutes a sale by a business. Because the item is fake, it fails the legal requirement to be "as described". You are legally entitled to a full refund if you reject the item within 30 days of purchase.

I wonder whether an actual authentic version would be a good idea for her birthday or Christmas, OP.

She will be disappointed now, of course.

I volunteer at a charity shop and the average age of the other volunteers is 65-70. They probably just saw a brand, priced what they thought appropriate and had no idea it was a fake. Unless one of us "young 'uns" (all 40+!) are there it doesn't get checked. Go back with your daughter, explain the situation, show them how you know it's fake and discuss the refund amount with them. It's not unreasonable at all to want to return a fake item.

I volunteer in a charity shop (one that doesn't sell clothes.)

I don't think it's unreasonable of you to go back and ask for a refund again. I agree with others who have said that the £40 was likely because whoever priced it assumed it must have been a real designer item, so it ended up being overpriced for what it was.

I highly doubt they would have knowingly sold a fake designer jumper. So there was nothing malicious in them selling it. Did your daughter do a good job of explaining the situation? I'm wondering if, at her age, she might have felt a bit awkward and shy about asking for a refund and maybe didn't state her case very well? Perhaps if you accompanied her and state that it looks to have been priced as a designer, and articulate why it's not, they might agree to a refund this time.

Perhaps if your daughter likes the jumper and doesn't mind keeping it, you could just ask for a partial refund, like £20?

It's possible they might be able to refuse again, but I don't think there's anything wrong with you going again to ask.

Completely agree with this.

They sold a fake. They legally have to refund her (and should not sell it to anyone, either).

I support charity shops. But that's not the point, here. They sold a fake for a 2nd hand genuine price. They owe a refund.

Given the age of most charity shop volunteers, I highly doubt they'd spot a fake. Surely the issue is with the person who donated it and didn't tell them it was counterfeit?

It doesn’t matter that it wasn’t malicious. It doesn’t matter if they thought it was designer. And give her a refund this one time, as if they’re doing her a favour?! They are breaking the law. She’s entitled to a refund and the product can’t be resold.

Well perhaps but my DD is highly unlikely to be able to take it up with them is she?!

The shop presumably got it for free. If they refund DD they haven’t missed out, they’re no worse off than they were before. Whereas she is down £40 and doesn’t have the item she wanted.

It really does baffle me how people have the attitude of 'I got something cheap and it's for charity, therefore consumer rights don't matter.'
The charity shop isn't doing the customer a favour by selling someone else's stuff they got for free, nor are they owed gratitude/ unmoveable reverence because the proceeds go to good causes.
If someone/ an entity screws you over, you advocate for yourself. No ifs, ands or buts. OP's daughter didn't go there with the intention of handing over £40 to the charity in question for sod all.