Shoes that do not fit
Q: Five months ago, I bought a pair of shoes from a local shop. When I tried on the shoes, they seemed fine. However, when I went home and tried them on again, I noticed that even though they were my size, it was a large fit.
Dissatisfied, I went back to the shop where I explained what the problem was. I asked for a full refund, but was told I could either choose another pair of shoes or I would be given a credit note. On the shop’s receipt it states that ‘Exchanges may only be made within 14 days on presentation of this receipt’.
I tried to find another pair of shoes but to no avail. So I decided to get a pair for someone else instead. Unfortunately, the size was not right so I went back to the shop to change them for a larger size. This was not available and I ended up having to accept a credit note.
When I was given the credit note, I noticed that it was only valid for six months from the date of issue.
The shop is currently selling its old sales stock. The new stock is expected to arrive a few days before my credit note expires. Am I obliged to use the credit note before it expires, even though the new stock has not arrived?
Do I have the right to ask for the credit note’s expiry date to be extended? Did the seller have the right to refuse giving me a full refund?
A: Since you had the possibility to try on the shoes and check that the size was right in the shop, then legally it is not a case of defective goods or goods not being in conformity with the contract of sale, but a wrong buying decision. Consumer law does not cover such situations and your only solutions are the shop’s return policies.
Accepting the credit note was the right thing to do in this case. Regarding expiry dates on credit notes, it is up to the seller to determine under what terms and conditions the credit notes should be used.
However, it is important that these conditions are clearly written on the credit note when it is given to consumers. Hence, in your case, seller has the right to impose a six-month expiry date.
Having the expiry date extended on the voucher is entirely up to the shop owner. Legally the seller is not obliged to accept your request.