Sports direct- is this legal?

[lau86]

I bought my son a pair of trainers, I asked the sales assistant if they were leather she said 'they should be' very helpful hmmm. I got them home, they're not leather they're plastic. They will make my sons feet sweat like anything so I took them back with my receipt etc. sports direct said they don't do refunds only exchanges? They only seem to sell plastic trainers in my LO size so I accepted a gift card. Only I am having a pretty low day I would've argued it with him as I'm not sure this is legal, especially as they didn't say that when I bought the shoes. Anyone know about this?

 

[Hunbun]

They have always done this. The cashier is supposed to tell you at the time of purchase that it is an exchange or a credit note. But I'm pretty sure they keep signs up at the cash desk telling you so technically it is legal even if they didn't tell you. I think they are only legally obligated to refund if it is a manufacturing fault, but I might be wrong so hopefully someone else can clarify.

I agree it sucks. Have you looked online, sometimes they have more choice there than actually in store.

 

[KayBea]

hardly anywhere does refunds these days. most places only do exchange or gift cards. xx

 

[Pearls18]

I didn't realise places were doing this, I got a recent refund from argos because I changed my mind. I was surprised Next had a 7 day return policy because I thought you normally had up to a month 7 days doesn't seem very long. I thought it was our statutory right (if that's the term?) to change our minds, I'm clearly a bit behind!

 

[Rachel_C]

It's not your legal right to change your mind, a physical shop can flat out refuse to refund or exchange/give credit because you've decided you don't want it or you bought the wrong size etc. Whatever a shop says when you buy things doesn't change the law - if they say you can't return something that you legally can, you legally can and they're breaking the law to say you can't. The rules are different for things bought online, via the phone etc.

This is a decent explanation - https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

OP, you may have had a case under the 'fit for purpose' bit. Shoes need to be fit to wear on your feet but if you told the salesperson that they needed to be leather and she confirmed that they were and then it turned out they weren't, they aren't fit for purpose (you do need to tell them the purpose though, they're not expected to read minds) and you would be entitled to a refund. However, she didn't actually confirm it for you I don't think. "They should be" is a bit non-committal so I'm not sure if the onus would still be on you to check it out or ask her to find out for sure. You could have argued that she told led you to believe they were, in which case they might have done the refund but it would be your word against hers. As you've accepted the gift card now, I think you would have an extra hard time convincing them to refund.

I would try writing to their head office or the manager of the shop - tell them you were led to believe they were leather and you expressly said they needed to be so they're not fit for purpose, then you felt pressured to accept a gift card but you have since realised that you were legally entitled to a refund so you want it. Good luck!

 

[Pearls18]

I know Martin Lewis said we have the right to change our minds from an item bought online, does that change in store?

 

[lau86]

Thanks everyone, I always assumed if the item wasn't used and I had my receipt I could get a refund but looks like that was wrong! It's just a bit annoying as sports shops don't really have anything I want to buy so I'm stuck with a gift card. Anyway, at least I know for next time I've never come across this before

 

[CormacksGirl]

I know Martin Lewis said we have the right to change our minds from an item bought online, does that change in store?

If you change your mind the best you can hope for is a credit note or an exchange. ( although they don't even need to do this). However if it is faulty or not fit for purpose then they have to give you your money back!!! That's for in store!! I think for online you have a 7 day cooling off period where you can change your mind! At least I think that's what he said!!!! Oh and always keep receipts!x

 

[Pearls18]

I know Martin Lewis said we have the right to change our minds from an item bought online, does that change in store?

If you change your mind the best you can hope for is a credit note or an exchange. ( although they don't even need to do this). However if it is faulty or not fit for purpose then they have to give you your money back!!! That's for in store!! I think for online you have a 7 day cooling off period where you can change your mind! At least I think that's what he said!!!! Oh and always keep receipts!x

Oh ok I was lucky with argos then (although it took nearly a month for the refund but that's another story!!)

 

[fantastica]

I didn't realise places were doing this, I got a recent refund from argos because I changed my mind. I was surprised Next had a 7 day return policy because I thought you normally had up to a month 7 days doesn't seem very long. I thought it was our statutory right (if that's the term?) to change our minds, I'm clearly a bit behind!

I regularly buy things from various places and then take them back because i've changed my mind, have always had a refund unless i've lost the receipt then they give a credit note, so it must only be in certain shops where they won't refund you.

 

[hayz_baby]

I didn't realise places were doing this, I got a recent refund from argos because I changed my mind. I was surprised Next had a 7 day return policy because I thought you normally had up to a month 7 days doesn't seem very long. I thought it was our statutory right (if that's the term?) to change our minds, I'm clearly a bit behind!

I regularly buy things from various places and then take them back because i've changed my mind, have always had a refund unless i've lost the receipt then they give a credit note, so it must only be in certain shops where they won't refund you.

A lot of places do this but they legally don't have to oblige. Also when u buy shoes there are labels describing what the shoe is made of, if there isn't the leather symbol then it isn't leather so u may not b able to argue the fit for purpose, they may still do a goodwill gesture so I suppose u don't ask u don't get..

 

[Boomerslady]

I worked for the gadget shop years ago (prob about 10 now) and they had a no refund policy it was the first time I'd heard of it, it caused a lot of arguments with customers!!

Sorry you've only got the gift card OP. I never shop in there but if I did it'd be for clothes for Ben or footballs, socks or umbrellas!! Could you wait until you need some random bits like that, then go.

 

[nugget80]

There was a shop where i live used to have a no refund policy. Only found out when i tried to take something back... Now i really only buy from new look and next so taking things back is easy...! Im terrible for changing my mind but as both stores have a 28 day refund policy i never have a problem...

 

[nic18]

I was shocked when I took something back to sports direct to get a gift card it sucks !

never knew next had a 7 day policy ! what a joke
my work have a 35day policy. and after that it's a credit voucher for the price of it now, ie if it went it the sale you would get that price back, but from last week we have been giving out our Christmas receipts which last until 18th January!

 

[Pearls18]

I was shocked when I took something back to sports direct to get a gift card it sucks !

never knew next had a 7 day policy ! what a joke
my work have a 35day policy. and after that it's a credit voucher for the price of it now, ie if it went it the sale you would get that price back, but from last week we have been giving out our Christmas receipts which last until 18th January!

When I looked on the t&cs as I wanted to take something back from online the policy said 7 days and I was shocked but wish I had tried now, I think with their sales it's up to 30 days.

 

[nic18]

you would think sale things would be 7 days and full price 30days

 

[Pearls18]

you would think sale things would be 7 days and full price 30days

Yeah I think it's because during the sale you can't try the things on? Not sure though.

 

[nic18]

that's true! I actually haven't shopped with next for years.