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Reclaim the Right Ltd. - reg.05783665 in the UK
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| | | | | | | Retail Stores Forums If you have a problem with goods which you have purchased by a major UK retailer, share it with us here. This is where you Reclaim the Right.
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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
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Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | 
23rd March 2008, 09:44
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#1 (permalink)
| | Basic Account Customer |  28 day refund Refused
i purchased a pair of shoes from Clark's, within 2 weeks the stitching came undone. I returned theses for a refund. i was told they don't do refunds if a item has been worn then you are only entitled to a credit voucher???
Is this correct ? as i believed that consumers were protected by a 28 day money back policy if a purchase was faulty?
Last edited by Lewisham Resident; 23rd March 2008 at 09:53.
Reason: spelling mistake
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23rd March 2008, 10:31
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#3 (permalink)
| | Platinum Account Customer | Re: 28 day refund Refused!
Under the Sale Of Goods Act (SOGA) you are entitled to a refund.
Nope. Take it back, say you are rejecting it under SOGA 1979, under which goods should be: - of a 'Satisfactory Quality', i.e. of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable;
- fit for the purpose' - as well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time of the agreement;
- 'as described' - goods should correspond with any description applied to them. This could be verbally, words or pictures on a sign, packaging or an advert.
... and you want a straightforward refund or exchange.
Last edited by Bigmac versus; 23rd March 2008 at 10:36.
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23rd March 2008, 11:18
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#6 (permalink)
| | Site Team | Re: 28 day refund Refused
You need to make clear to them that you are returning the shoes because they are faulty, not returning them under their own shop policy. The policy they are referring to is if for example you just change your mind you can take the shoes back and exchange them. Your statutory rights are unaffected by any such policy and under the Sale of Goods Act you have a right to get a refund or replacement.
__________________ Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer. "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly) www.unsubscribe-me.org www.LOVEstoke.org | 
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NW11 7PE
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