Scenario Number 11
Helen buys shoes for James, her 11-year old son. When she gets home she is pleased that they fit but disappointed that the style does not suit. When she tries to return the shoes to the shop, the manager refuses to give a refund, replacement or a credit note.
Is the shop manager right to do this?
Answer
Yes. The manager is right. The Consumer Rights Act 2015 gives consumers the right to a refund or the cost of a repair if goods are faulty at the time of purchase or shortly afterwards. The new regulations also give consumers the right to a repair or replacement goods if the goods are faulty. The consumer also has the right to have goods that are safe, durable and free from minor defects. In this case there was nothing wrong with the shoes - they were just unsuitable. The manager does not have to make Helen any offer whatsoever. However, if Helen had arranged with the shop before she bought the shoes that they would give her a refund if the shoes were unsuitable for James, then this would have been a pre-contractual agreement. This would have entitled Helen to ask for a refund when the shoes were unsuitable even thought they were not faulty.