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Ben Jones
Ben Jones, UK Lawyer
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My daughter bought a new violin for her 9 year old daughter

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My daughter bought a new violin for her 9 year old daughter to try out but was made to pay the full price. Her music teacher didn’ t consider it suitable so my daughter tried to take it back but was refused a refund. What right does she have to return the violin and get her money back? She bought it very recently.
I would appreciate your help
Michael Lawson

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long after purchasing it did your daughter wish to return it?

Customer: replied 3 months ago.
I have replied but don’t know if you have recieved it. I understand that she sought to return it within the week and only took it on the understanding that her daughter could try it out and get approval from her teacher

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Actually just one more thing please - I presume it was bought in store rather than online?

Customer: replied 3 months ago.
at a musical instrument shop

Thank you. If you bought the item in person, there would be no automatic right to a refund and your rights to expect that will depend on two things: the seller’s own returns policy, or whether the item had an issue.

The first way to return it is if the seller provided its own returns policy. This is voluntary and it will depend on what you were promised at the time of purchase. There is no requirement for them to have told you there are no refunds because in the absence of any evidence to the contrary it is assumed that would be the case. So if they did not have a refunds policy or made any specific promises for a refund, you cannot force them to accept it back.

The other way is to show that the item did not meet the legal criteria defined in law. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

Unless there was actually something wrong with the item which made it unusable, rather than it not being the right fit, you are unlikely to be able to argue that it does not meet the above criteria. In these circumstances you can only go back to the first option and rely on the seller’s own returns policy, which they are not obliged to provide.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 3 months ago.
Thank you. That is helpful and I will pass it on to my daughter.

you are most welcome