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Tony P

No full facilities for checking size yet refuse refund.

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Passing through UK for a ski holiday, I tried on some ski pants in a High Street sports clothing and footwear chain store.

 

The size was "Medium". They fitted me well in street shoes except for length (Ski boots require a different length than you can determine in street shoes, having elasticated inner, and protected outer, bottoms). I could not check for exact suitable length as they didn't have ski boots in their ski or footwear sections in the store

 

I paid for them with a UK Credit Card and took them back to where I was staying, to try on again with a pair of ski boots, fully expecting to get my money back if they were unsuitable. 

 

They turned out to still be an incorrect length for me, so were unsuitable (I am not an unusual size or shape).

 

Within hours I took them back the store but they refused a refund offering only a Credit Note to exchange for other goods. I live nearly 2,000 miles away, outside the EU, in a country where this shop has no stores (the nearest is still a days drive away and involves a long border crossing). This is not practical just to see if they have something I might like - and fits!

 

Speaking with them I got no response other than disinterestedly being shown to one of many pieces of paper 'sellotaped' to a sales counter. Emailing Customer Services (sic) also got nowhere.

 

How can I proceed?

1. Do I have to keep the pants (or an unpractical and unwanted Credit Note) despite not being fit for purpose for me, all because the store didn't have proper/full facilities to trying for size?

2. Can I make it the Bank/Credit Card's problem?

3. Have I just learned the hard way not to trust UK High Street chain stores and shop elsewhere where they have proper size checking facilities prior to paying to take them out of the shop?

 

TIA

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ring the credit card company they are equally liable

do a section 75 refund

 

dx

 


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Oh they are equally liable, I suspect the problem will be if the shop is considered to breach their contract of sale. 

 

Suitable for purpose?


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6 minutes ago, Dodgeball said:

Suitable for purpose?

 

Probably - for someone who is of that size. I've not had the opportunity to find out because the size was not right for length.

 

Which is something the Company could not let me determine in their store.

 

The only way was to pay to be able to take them away to try on properly.

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Store returns or exchange policy

The good news is that most retailers choose to provide a 'goodwill' returns policy offering an exchange, refund or credit note for most returns.

You can only return store-bought non-faulty goods for an exchange or refund if the retailer has a returns policy. 

It's worth noting that shops aren't required by law to have a returns policy, but if they do have one they must stick to it.

Returns policies are usually displayed on receipts, on signs in store and online. You can also ring the shop's customer services line to find out its returns policy.

Remember that if you're trying to return an unwanted item purchased online, you have additional statutory rights to return it under the Consumer Contracts Regulations

Most retailers impose time limits for returning non-faulty products, such as 28 days, but many extend around Christmas for example, so you might have more time than you think to return an unwanted product.

If you paid by credit card, you also have extra protection under Section 75 of the Consumer Credit Act. 

 

https://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights


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Could you not have just exchanged them for a pair that were the correct size?

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they offered an exchange when you took them back. that is all they are obliged to do as you admit you tried them on and they are of mrechantable quality and fit for purpose unless the different fitting with a ski boot makes them unusable as ski pants generally.

have you ever bought other ski pats and if so why didnt you consider the differentails in length earlier? 

Have you requested an exchange?

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