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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Hi a friend purchased goods and gave them as a gift to me.

Customer Question

Hi a friend purchased goods and gave them as a gift to me. The goods were not the right size so I requested the receipt to exchange them this was duly given to me. I returned the goods to the store with the receipt and asked for an exchange. I was told they would have to order my size in so I left the goods at the store. After several months of going to the store my goods eventually arrived when I went to pick them up I was told I would have to repay for them. When asking why I was told the person who brought them as a present for me had been given a refund. I explained to the store the goods were purchased for me they were given to me as a gift along with the receipt so surely I was the legal owner. The store is refusing to now deal with me. Where do I stand? I have no contact with the friend who purchased the goods the shop has not evidenced a refund was issued and will not recognise that they agreed an exchange. I have witnesses that they were gifted to me and witnesses that the shop agreed an exchange.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.
If a gift is given to someone and they relinquish ownership of it is the person of the gift now the legal owner? What does the law state on this matter? How can a store refund the purchaser when they have relinquished ownership of it whAt does the law state on this matter?
Expert:  Jo C. replied 3 years ago.
Yes, legal ownership changes to the recipient.

What doesn't happen though, which is your difficulty here, is the transfer of rights under the Sale of Goods Act.

I'm afraid they are indeed correct. Their contract is with the purchaser. The purchaser is the only person here with rights under the Sale of Goods Act or indeed any warranty.

You own the item if it was given to you but rights under the law granted to the purchaser does not transfer to you.

It is surprising they are taking this point. Its rare for stores to dig their heels in now as no quibble refunds are good business. However, they are right and if you went to court then you would lose as you are not their contractual partner.

In any event though, if the only issue is that this is the wrong size then that is not something that gives rise to rights under the SGA. The SGA only applies to faulty goods. If its just that you buy the wrong size then the store has no obligation to do anything at all unless, of course, they offered a no quibble guarantee and even then you would have to get the purchaser to act.

I'm very sorry and I wish I could say something else but I have to give you truthful information and the store are entirely correct even if they are being rather churlish.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
The goods were sold knowing they were for me my name is written on the receipt and the owner agreed to exchange them originally when selling them. When I took them back they agreed to exchange them if I had known I would have kept them and forwarded them on as a gift to another friend. If I took her to court would this not stand up?
Expert:  Jo C. replied 3 years ago.
No.

Rights under the SGA do not pass to you.