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Faulty goods - but with tags removed.

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in Home, Law & Money
Just a quick legal query - is the undisputable right to a refund negated by the removal of tags from goods before a fault is discovered? Or is a right to a refund still intact?

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    depends where you bought it from, most reputable places will offer either a refund or an exchange- especially when the item is faulty!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well, firstly I discovered a pair of trainers i bought from USC look like an odd match with one of them worn away considerably, and secondly the fly zip of a pair of trousers from Urban Outfitters - a week old - has fallen off! :mad:

    Problem is, the trousers are already worn/ripped at the bottom having been worn - which I think renders them "accepted" by the consumer.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If they are faulty rather than just unsuitable or you've changed your mind, and you have a proof of [fairly recent] purchase then you'd definitely be entitled to at least an exchange if not a full refund I would've thought. Even if they've been worn, the zipper fell off after a week and that's just ridiculous.

    With the trainers, one of them might have been on display or something like that, I'd definitely take them back if I was you!
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    +Kirsten++Kirsten+ Deactivated Posts: 49 Boards Initiate
    You might like to take a look at the Consumer Direct website. Its guidance on refunds for faulty goods suggests you should be able to get your money back for any clothing you've worn before you found out it was falling to bits.

    I agree - a zipper that breaks within a week is no good thing! And most shops will of course want your repeat business, so I'd certainly give it a try. :)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    briggi wrote:
    With the trainers, one of them might have been on display or something like that, I'd definitely take them back if I was you!

    Yep - it was the summer clearance sale, I think they just took one from the shelf.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    With the trainers you might not get a refund because it was a clearance sale, which often means getting rid of stuff that has been on display, if they are arsey they might say you bought them in that condition. However the jeans you should definitely be able to get a refund or exchange for, in my store people can return things even if they've had them for 6 months if the fault is something that you would not reasonably expect to occur in that time.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sale items can be sold as seen, which means you would find it hard to get a refund, but by law an item must be fit for the purpose for which it was sold, and if it is not fit for this purpose it should be replaced or refunded. Scuffing wouldn't necessarily mean it was unfit, so the shop could very well say no. A reputable shop probably wouldn't though.

    Removing tags doesn't change this law, and nor does disposing of packaging. If the item wasn't fit for the purpose for which it was sold- such as zips falling off or items falling apart in the first wash- then it has to be refunded or replaced by the retailer. It's a legal requirement.
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