Hello my name is ***** ***** I am happy to help you today. To clarify there is nothing wrong with the shoes, they just do not fit the customer properly?
Hi Jenny, This is correct. Our shop assistant said the customer loved them, and said she would put insoles in them. Our assistant say's she doesn't remember offering her a full refund.
Ok the customer is trying it on. Under the Sale of Goods Act there is no entitlement, even to a credit note, unless goods are faulty or not fit for purpose. Often shops have different policies to offer an exchange or refund but it is NOT a legal requirement. As you have already exceeded the requirements of the Act there is nothing she can do about it unless she can demonstrate a contractual obligation to refund. As it is her word against your assistants it is unlikely she would succeed, especially if the policy is a credit note.
i would therefore stick to your guns on this.
If you have any further questions please do ask. if i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
We have explained this to her. Her argument is that "Our assistant created an express conditional contract" with her at the time of purchase. she says "The condition that she purchased the shoes was that she would be given a full cash refund, and "this was a central condition of the sales contract"
She says she has been advised that recovery is assured
Just checking you received reply?
If that was agreed then she is correct. If it is your assistants position that it was not then it is a try on (which is more likely). I cannot imagine anyone would tell her that recovery is assured in these circumstances.
Obvioulsly it is up to you what to do. You can either bow down and refund or stick to your guns. If you stick to your guns and she brings a claim in the small claims court then you will have to call your assistant as a witness as to what was agreed.
The fact that it is not in writing does assist you because it is not a legal entitlement and if your policy is different, i.e. credit note then it is unlikely that your assistnat would have discretion to move away from your normal policy in any event.
I do think it is unlikely she will claim and is just trying it on in all honesty.
Please do let me know if there anything further you would like to know.
How do we proceed from here
Hello sorry for they delay I had a technical problem.
Do you mean how do you proceed without giving her a refund?
Yes please. Awaiting your advice