Q: I bought two cardigans for my husband as a birthday present. The cardigans did not fit him, so I went back to the shop to exchange them for a bigger size.

In the meantime, these cardigans were put on sale and the size I needed was no longer available. Therefore I had to choose something else. I chose a dress which was not on sale but was of the same value as the amount I had paid for the cardigans.

When I went to the cash desk to make the exchange, I was informed that since the cardigans were discounted, I had to choose something of the same value or pay the difference in price.

My question is whether the value of the item returned should be the price originally paid for or the discounted price as marked during the sales period?

A: Since your particular case is basically a wrong buying decision, legally you do not have any rights and must adhere to the shop’s return policies. In these cases, you can also rely on any pre-sale agreements you made with the seller, as these are binding.

If, on the other hand, an item is returned because it is defective, then legally you can either have the defective goods repaired or replaced. If replacement is opted for, the defective item should be changed with a similar item, or with an item of the same original value.

If neither repair nor replacement is possible, you are entitled to claim your money back.

In this case, the amount given to you should be the discounted price. If you had a pre-sale agreement that allowed you to change the items bought during the sales period, then you would be entitled to the original amount.