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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?

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I purchased a pair of shoes from clarks, within 2 weeks the stitching came undone. I returned theses for a refund. i was told they dont 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?

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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.

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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.

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