For all Legal Eagles - my rights as a shopper!

[crystaltips]

I was shopping for an smart outfit for DD in a local kids clothes shop/boutique as we had a family party that weekend.
I was in a rush and was unable to bring in DD for a try on session. As a result I bought 3 fairly expensive outfits and hoped that one of them would do.
I said to the lady could I bring them back if they did not fit? Her reply being " Of course - so long as you have the receipt"
Well one outfit fitted and the others I duly took back yesterday.
The shop keeper ( different from the previous visit ) said that I could change the outfits but they did not offer refunds. I was flabbergasted.
I am now £120 down.
I mentioned that this policy had not been drawn to my attention and if it had I would definitely not have bought so much.
Her reply ( with a smug patronising smirk ) was that they were not OBLIGED to notify their customers of this policy. Silly Cow
What can I do ? Do I have a leg to stand on ?

Normally no, because you don't have an automatic legal right to exchange/refund unless goods are faulty. BUT you were told that you could have a refund and based your decision on that, so it could be said to be part of the deal/contract. Give your local trading standards office a call for their opinion. Anyway, IMO it is worth going back and making a hell of a fuss. I can clear a shop when I really get going!! When does the other lady work? I'd go back to her and remind her of what she said. When I worked in a shop the more of a persistent pain in the a**se you were the more likely you were to get a refund. We were encouraged to fob off the nice customers - sad, but true.

crystaltips - sounds nasty.

As I understand it (though this is not my area of law) the position of the second sales assistant is correct (and in fact still more generous than the law provides) UNLESS something else was specifically agreed by the first assistant. I'm afraid that it does come down to the specific conversation that you had with the first assistant, and what both parties understood from it. Did you make it clear that you would be looking for a cash refund, or could it have been interpreted that you would just take the same garments in a different size?

In either event, I would have thought that your best tactic would be to resort to the shop manager/owner and explain the confusion - presumably they will want to keep your custom and their reputation....

In retrospect I wasnt told I could have a refund - I was told that I could bring them back. ( Nicely worded )
This shop has just changed location and in my view needs as much good publicity mas it can get. Whenever I go in - I am the only one so "clearing the shop" would be hard!!
What really pi**es me off is that the second lady basically gave me a look that said "Ha Ha - you fell for it "

I too fear that the shop is technically correct. They are not under an obligation to refund, but may at their discretion, or offer a credit note or exchange as an alternative. (Faulty goods are a differnet matter). However I also think that Aloha has a good point that the fact that the first assistant agreed to your taking 3 outfits with a view to keeping only one should strengthen your argument. But critically did she agree to give you the money back for the returns - if so then maybe you have a verbal contract which overrides their policy. Definitely worth pursuing with the manager of the shop as you may at least get somewhere as a gesture of goodwill (no business wants to be bad mouthed in the locality after all!)

Good luck

OOh, how misleading and unpleasant. I would make a BIG fuss. Amazing how 'flexible' policies can be when you are just refusing to go away or be 'nice'. No need to be so 'insistent' that they call the police, but just calmly repeat that you feel you were misled, deliberately or otherwise and you want a refund for the unworn outfits and keep at it. It might work, or it might not, but for £120 it's got to be worth it.

Crystaltips, poor old you!
You could sit outside the shop with a placard saying "this shop has cheated me" on Saturday morning.
Or get someone to go in under cover and ask the same question about returning items but with a tape recorder concealed.

I think you have 28 days in which to return the goods for a refund so long as the goods are in an unworn condition. This allows for bringing them back if they don't fit. I'm almost 100 per cent sure that this is now part of the Sale of Goods Act. Go back to the shop and quote this.

The 28 day changing your mind thing sadly only applies if a salesman comes to your house univited and gets you to sign something - eg double glazing. It doesn't apply to shops, though all decent shops, IMO, would offer a refund in these circumstances. You wouldn't even have the right to an exchange or credit note if the saleswoman hadn't told you different. So, legally, no, without a promise that you could get your money back I don't think you can demand a refund, but you can certain ask for one, politely, firmly and over and over again...

I would be hopping mad too, crystaltips!

Could you ring your Citizens Advice Bureau? They should be able to give you the legal position. If it is that the shop people are within their rights, strictly speaking, which I suspect they are, then I think aloha's advice is good - you should keep going in and making a fuss, and also mention all the wealthy friends you have who will not be shopping there after what has happened to you.