Shop refusing refund - can I insist?

[Simon7685]

Hi Everyone

 

Now this may seem silly and trivial but for me it is the principal involved.

 

My daughter is 8 years old. She went to our local corner shop today (only a few doors away) to buy something with her pocket money. The thing she usually buys some collectable things called Go Go's but they didn't have any. Instead she saw some little badges that she thought would fit on her Crocs. The woman at the counter said they were for lace up shoes but might fit on croc's, so she bought them for £1. She only gets £3 a week, so to her £1 represents a large amount of her pocket money.

 

When she got home she found they did not fit on her crocs so I told her to take them back and explain that she made a mistake and return them for a refund. The woman in the shop has point blank refused to issue a refund. I rang the shop and explained, she said she told my daughter they weren't for crocs, so that is that she can't have a refund! I tried to appeal to her better nature, in explaining my daughter was only 8 years old but she obviously doesn't have a better nature!

 

They came on a piece of card that was covered with sellophane that has obviously been removed but the badges or card are not damaged in any way. As I said it is the principle of the matter really, she is only 8 and made a mistake. The woman in the shop said they couldn't resell the badges, which is rubbish as only the sellophane is missing and I think they are being unreasonable.

 

She has told me to ring the manager on Monday but I am going to go in. I mentioned the Sale of Goods act but aren't sure if that covers this or not?

 

Any advice on what is correct would be appreciated. I know its only £1 but it has got my blood boiling that they can be so awkward with an 8 year old! Especially as she generally spends her pocket money there every week!

 

Thanks

Simon

[Bookworm]

Sorry, but from a law point of view, it's not looking good.

 

It would boil down to "she said, I said", you daughter says the woman told her they might fit on the shoes, the woman says she told her they wouldn't. Maybe your daughter misunderstood, maybe the woman is lying. See what I mean?

 

So what it then boils down to is where the goods sold fit for purpose? If the woman told your daughter they'd fit knowing they wouldn't then no they wouldn't, if she did tell her they might not and your daughter bought them anyway, then your daughter made the mistake and there is no redress.

 

So all in all, I'd say really not worth getting into it for the sake of £1.

[Simon7685]

Thanks Bookworm.

 

I know it is trivial and only £1 but it was the principle of it that has got me annoyed. She is only 8 years old, so if the woman in the shop said they might fit, then obviously she is going to believe her, so to then refuse her a refund I think is a bit rich. Incidentally my daughter did have a friend with her who also said that the woman said they might fit. I really don't think they would make that up but as you say, it is their word against hers.

 

Thanks again for the advice

[andydd]

Thanks Bookworm.

 

I know it is trivial and only £1 but it was the principle of it that has got me annoyed. She is only 8 years old, so if the woman in the shop said they might fit, then obviously she is going to believe her, so to then refuse her a refund I think is a bit rich. Incidentally my daughter did have a friend with her who also said that the woman said they might fit. I really don't think they would make that up but as you say, it is their word against hers.

 

Thanks again for the advice

 

Sign her up as a junior CAGger ...By the time shes 18 she'll be consumer expert !

[Bookworm]

[postggj]

i realy cant believe this woman is bing such a b&*^h for a quid and it involves an eight year old child

 

shame on her

[Bookworm]

Oh, I quite agree, but Simon was asking where he stood in respect of his rights, so that's what I advised on. But yes, for the sake of £1, what a complete and utter cow. Still you get them everywhere...

[shywazz]

Putting aside the amount of money involved and the age of the person whom bought the item, which you all seem to be putting the blame upon, remember the assistant in the shop, stated to you upon phoning to contact the manager on monday when there are in the shop, this to me isnt the shop assistants policy, she is just letting you know to speak to the shop owner, so i can't understand why you have all took the opion that the shop lady is doing wrong, when she is most likly going by the training she has had on the subject of refunds, no dought when you speak to the manager on monday, there will indeed issue the £1 refund. shop assistants have rules and guidelines to follow, its the owners that make the rules in corner shops not the person on say £5.50 ph so picking on them isnt going to get the refund as you would like is it.

[StuzaTheGreat]

..stuff..

 

The CORRECT answer from the shop assistant should have been

 

"I do appologise but i'm not alowed to issue refunds of any size, why don't you come back on 'x' at x o'clock when my manager will be here. Maybe he/she can help you?"

 

 

EDited (misread a bit) .....

 

which is exactly what she's done. (appologies to shop assistant if they read the initial reply)

[Mossycat]

Am I missing something here, an 8 year old is NOT ALLOWED to enter into a contract (except for necessities ie food/water).

 

Good displayed in a shop are 'an invitation to treat' until such time as the offer to purchase has been accepted, then it becomes a contract between the buyer and seller.

 

So strictly speaking the shop should not have sold the badges to your daughter and as such are legally obliged to render the contract 'void ab intio' which would mean that they have to give a refund.

 

Having said that, it's Catch 22, if you argue this then the shop may refuse to sell your daughter anything in the future until she is of legal age, which may well cause more hassle than it's worth.

 

Mossy

[DoubleOhSammy]

Bookworm, I've read a few of the Posts you've advised on, how did you get so knowledgeable?

[andydd]

Bookworm, I've read a few of the Posts you've advised on, how did you get so knowledgeable?

 

Its all those Shredded Wheats she eats