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Understanding Your Rights In The Summer Sales

Heading out to the summer sales on the hunt for bargains? Clocked that pair of shoes that you’ve been dreaming of at a knock down price?

Don’t be fooled by any sign stating “No refunds on sales goods”, in fact you have the same rights when buying sales goods as when buying a full priced item. Legally, a retailer cannot restrict their liability for faulty goods.

Consumer rights are protected by the Sale of Goods Act 1979. Goods must be of satisfactory quality, fit for purpose and fit the description that’s given of them.

You get your dream sale shoes home, however, and you discover that they are faulty. Can they be returned to the seller? Yes, as long as the price wasn’t reduced because of a fault that was pointed out to you, or was quite obvious.

You are allowed a “reasonable time” to return the faulty goods to the retailer for a full refund. “Reasonable” isn’t defined, however, and probably depends on the nature of the product. The best route is to check the item as soon as you get it home, and if you find a fault return it within 7 days.

Returning the faulty shoes within a “reasonable time”, means you are entitled to a refund, replacement or repair – you do not have to accept a credit note. If you did not acted quickly enough a refund may not be possible, but you may still be entitled to a repair or replacement

What if you get your sale shoes home and discover they’re too small, or you just change your mind – are you entitled to a refund? No, if the goods are not defective and are fit for purpose, you are assumed to have made an informed choice when buying your shoes. The retailer may offer a returns or exchange policy, but this isn’t a legal obligation.

Don’t be intimidated by retailers. Frequently retail staff are not aware of the correct legal position themselves, but they are certainly not entitled to hide behind “company policy” to avoid their true legal obligations. 

For further information or advice please contact Laura Gilbert on 01752 675151 or email laura.gilbert@foot-ansteys.co.uk

Published 20/08/2008.

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