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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
When did you buy this?
Sorry just seen that in your original question...
Did you specifically ask the retainer about the type of cushion or its purpose?
It was a shop that sells medical products only
ok thanks let me get my response ready please
OK Is it my consumer rights for a refund
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller.
The issue here is that I do not see this falling within any of the allowed reasons to reject the item and ask for a refund. If you were specifically looking for a foam pillow and had made that clear at the time of purchase but were then given an item that was not as requested, then you could have claimed the item was not as described or not fit for purposes. But just because the cushion was not made of foam does not mean it is generally unfit for the purpose of being a cushion – it simply means that it is not fir for the specific purpose you had wanted it for but if you had not initially looked for a specific product (i.e. a foam filled pillow) then this is unfortunately your responsibility and not that of the retainer.
As far as the retailer is concerned you purchased an item that you believed was the correct one but did not ask for anything specific and they had not misled you in any way or sold you a product that was not suitable for what you had specifically asked. As such this is not a consumer issue under the SGA, this is you buying the incorrect item. This would therefore only be covered by a specific returns policy which the retailer has in place and this is not something they need to have at all, it is at their discretion. The only consideration is that if they had told you there was a refund policy at the time of purchase but then failed to honour it, then you could challenge them over that but if you were not told of anything then once would not necessarily apply.
I was not advised at the time of purchase of the refund policy
ok but as mentioned they do not have to offer one - so if you were not advised of one it simply means there was none
It wasnt suitable for the purpose I needed it for
I understand but that must have been made clear at the time of purchase, for example you would have had to tell the seller 'I need a pillow for so and so' and they would have then had to recommend a specific pillow and if it was then not suitable you could have relied on this argument but not if you just went in the shop, assumed something is suitable but then found out that it is not, in the absence of any claims by either the seller or the description that it would be suitable
Sorry Ben as this seams more of a medical issue I will take it to a medical lawyer
This has nothing to do with medical law, this is entirely a consumer law issue
this is about a purchase from a shop, it has absolutely no relevance with medical law, a medical lawyer will not be able to help you in any way
Ok sorry you cant help any further
It is not that I can't help - you are hoping for an answer that does not exist unfortunately - I have explained your legal rights and they are as mentioned above, I cannot make up a law that does not exist just so that you are then able to tell the shop you are able to return the item
The law is the law whether it helps you or not I'm afraid
oK thank you
Can I rate you and close the matter
yes you are welcome to do so
Thank you Ben but it wont let me close
I am happy with the outcome
Sorry we do get a bug sometimes that prevents customers from rating so we just ask that you type the rating here instead and then we can process it manually, thank you
Can I now close your site
Good luck and thanks
You too all the best ..