Q: My wife bought some clothes from a shop and, before paying, she informed the seller that she wasn’t sure about her choices. The seller assured her she could return the unwanted clothes within two weeks.

After three days, my wife took the clothes back to the shop and the seller only offered her a credit note valid for one month. My wife would like her money back, as at no point during the sale did the seller inform her they would only issue a credit note.

A: Since exchanges of goods due to change of mind or wrong buying decisions are not covered by consumer legislation, any solutions to such situations depend on the sellers’ return policies or on specific pre-sale agreements.

Legally, consumers are entitled to return goods if they are either defective or not in conformity with the contract of sale. Even in such cases, the first legal remedy available is to have the goods repaired or replaced.

Money refund is only given when the non-conforming goods can neither be repaired nor replaced or if such remedies may cause significant inconvenience to consumers.

Unless your wife was specifically promised that she would get her money back if she decided to return the bought items, then legally she is only entitled to a credit note, as stipulated by the seller’s return policies.

Usually, when sellers tell consumers they can return goods, they either mean exchange with other items or a credit note.

To be entitled to cash refund, consumers must have a clear agreement, ideally in writing, that proves what was agreed before the sale was concluded.

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