Hi. Thank you for your question. My name is Jo and I will try to help with this.
Can you help?
You have no rights under the Sale of Goods Act to a refund just because you bought the wrong size I'm afraid.
Your rights only are triggered if there is a fault with a purchased product
however, what she cannot do is keep the goods and refuse a refund.
She was perfectly free to refuse a refund.
But she has accepted the clothes back so she has to offer a refund at this stage. She would not even get away with returning the clothes now.
She can't have it both ways.
Either she wants to comply with the contract or she doesn't.
I did not buy the wrong size, my son had left the school so no longer required the clothes, they were returned in a unopened brand new condition
Yes, it doesn't matter.
What can I do?
Unless there was a fault with the product the Sale of Goods Act isn't engaged.
Generally speaking stores will offer a refund because its easier than arguing.
I live in the UK
Yes, of course.
The only reason she has to offer anything at all is that she has kept the clothes.
She is point blank refusing to refund
what about my statuatory rights
Your statutory rights arise from the Sale of Goods Act which doesn't apply here for the reasons I've explained.
what is the next step?
If she will not offer you anything then your only option is to sue.
You can send her a letter before action making clear that you will sue if she does not pay in full within 14 days but if she ignores that then you will have to sue here www.moneyclaim.gov.uk
what if she returns the clothes?
Then she could refuse to offer you a refund I'm afraid.
Can I still sue?
Not if she returns the clothes.
Then you would just be left in a situation where you had purchased something that is in good order that you no longer want which doesn't fall under the SGA
Unless, of course, you did the original sale over the internet or by phone rather than in store.
on the website it states that they will offer a full refund on clothes returned unworn within 14 days
they do not say that if they specially order then you cannot return
Are you within 14 days?
You could argue that became a term of the contract.
I suppose she could argue that the contract wasn't concluded online but its not really worth the manpower of contesting it