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Jenny
Jenny, Solicitor
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Re: Sale of Goods act. I own a small boutique. A customer purchased

Resolved Question:

Re: Sale of Goods act. I own a small boutique. A customer purchased a pair of shoes, there was a discussion about the size. The customer purchased them with the idea that if they didn't fit, she would like to return them. The customer did return them and as is our policy- we offers her a credit note.
The customer now says that the assistant said she could have a full refund, which we dispute. She says she has a witness and is threatening to start proceedings as we modified the contract verbally. It's our word against hers. Where do we stand?
Kind regards
Garry Boorman
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

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?

Customer:

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.

taratill :

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.

taratill :

i would therefore stick to your guns on this.

taratill :

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.

Customer:

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"

Customer:

She says she has been advised that recovery is assured

Customer:

Just checking you received reply?

taratill :

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.

taratill :

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.

taratill :

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.

taratill :

I do think it is unlikely she will claim and is just trying it on in all honesty.

taratill :

Please do let me know if there anything further you would like to know.

Customer:

How do we proceed from here

taratill :

Hello sorry for they delay I had a technical problem.

taratill :

Do you mean how do you proceed without giving her a refund?

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes please. Awaiting your advice

Thanks

Expert:  Jenny replied 2 years ago.
Tell her that you stick by your original position that she was not offered a full refund and that it is your policy that refunds are not offered only credit note.
Tell her that the assistant denies offering a refund and would not have authority to do so in any event.
Offer her the credit note, if she refuses it then tell her it is up to her the action she takes it but if she does try to bring a claim you will defend it and seek legal costs against her.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you

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