Earings were purchased for a birthday present which have proved unsuitable and although they were taken back to the shop within ten days because the person's birthday the shop has refused to refund the money or deal with the matter stating health and saftety reasons earings are non returnable. There is no sign in the shop to this effect and the salesperson did not mention the fact. Have we any redress please?
System of Law: England-and-Wales
taking items back
HiThank you for your question and welcome to Just Answer. I will try to help with this.Why are they unsuitable?
They proved to heavy for my daughters earlobe
Thats a problem I'm afraid.Whatever their notices are matters not really. The issue is the law. I'm afraid the Sale of Goods Act only gives you rights in this situation if the product is faulty in some way. This product is not. Its just that it wasn't the present you wanted. In those circumstances the shop are under no obligation to offer anything at all.Most stores will do so though in the interests of good business. However, there is no obligation to do so and if these are earrings then there are health and safety implications that would probably mean they couldn't sell them again so they would be entitled to refuse.Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps.
Bar Exams, over 5 years in practice.
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