[themilkman23]

Ok so I bought a pair of marvel comic boxer shorts from River Island for Mr Milkman for Christmas. However upon coming to wrap them I notice they are a size small. When I picked these up they were on a hanger which said Large but as I wanted to get out of the shop because it was so hectic I just took them to the counter and paid for them.

Now here is my problem....I go to exchange them on Saturday and was told I couldn't as they don't exchange underwear! Is this right? I mean I know its only a pair of boxer shorts but they were £9.99 and I just feel frustrated that the lady basically told me it was my fault for not checking the tags inside! By all means I take some of the blame but its not like they weren't in the wrong either and I had my receipt and the tags were still on them! When I was looking through to find a pair of Large all the hangers had the wrong size on them!

Any advice would be appreciated, Mrs Milkman

[wormvortex]

Most places won't accept returns of underwear as it's a hygiene issue same with jewellery.

[themilkman23]

Suppose I best put them up for sale on here then, ha!!!

I thought that would be the case but always best to ask!

Thanks

[PoochJD]

Hi Milkman,

Were the boxers in any kind of packaging? If they were, and you haven't opened the item, then you can go back to the store, and tell them that the item is unfit for its intended purpose, under the Sale Of Goods Act, and then the shop are legally obliged to refund or exchange the item.

The fact that the "intended purpose" being that the undies don't fit Mr Milkman isn't the issue. As far as the law is concerned, if any item is not fit for its intended usage or purpose, then you are legally entitled to a full refund or exchange.

Now, I'd politely ask that you return to the store, and ask to speak to the manager, and explain the situation to them. Also mention that all the boxer shorts were on the wrong hangers, and hence everyone who purchases these items will also have the wrong sized garments, and that they (the shop) could be potentially sued for false misrepresentation of goods!

Hopefully, that should all be enough to get them to exchange the offending undies for ones that are of the right size.

Also mention that if they fail to exchange the item in question, you will be contacting the store's Head Office to complain about the situation, and naming the manager of the store by name in your letter. PLus, you will be contacting the local Trading Standards offices too, to tell them how badly the store is treating you.

As long as you are firm, but fair, and willing to sound like you might actually be willing to undergo all of the "threats" you say you will do, then that should be enough to get the store to simply offer you an exchange or full refund. If you can do this at a busy time of day (lunchtimes, etc), then that also helps your chances, because the store will not want an angry customer being seen by lots of other customers, at one of the store's busiest times of the year! Nor would they like you to humiliate the store, over something so trivial, because it will make the store and the staff look like total numpties!

Let us know how you get on, but be prepared to actually complain to their head office, by demanding the address and phone number, plus the store manager's full name, in case they think you are simply trying to pull a fast one. In other words, have the courage of your convictions!


Pooch

[unique]

Originally Posted by PoochJD

Hi Milkman,

Were the boxers in any kind of packaging? If they were, and you haven't opened the item, then you can go back to the store, and tell them that the item is unfit for its intended purpose, under the Sale Of Goods Act, and then the shop are legally obliged to refund or exchange the item.

The fact that the "intended purpose" being that the undies don't fit Mr Milkman isn't the issue. As far as the law is concerned, if any item is not fit for its intended usage or purpose, then you are legally entitled to a full refund or exchange.

Now, I'd politely ask that you return to the store, and ask to speak to the manager, and explain the situation to them. Also mention that all the boxer shorts were on the wrong hangers, and hence everyone who purchases these items will also have the wrong sized garments, and that they (the shop) could be potentially sued for false misrepresentation of goods!

Hopefully, that should all be enough to get them to exchange the offending undies for ones that are of the right size.

Also mention that if they fail to exchange the item in question, you will be contacting the store's Head Office to complain about the situation, and naming the manager of the store by name in your letter. PLus, you will be contacting the local Trading Standards offices too, to tell them how badly the store is treating you.

As long as you are firm, but fair, and willing to sound like you might actually be willing to undergo all of the "threats" you say you will do, then that should be enough to get the store to simply offer you an exchange or full refund. If you can do this at a busy time of day (lunchtimes, etc), then that also helps your chances, because the store will not want an angry customer being seen by lots of other customers, at one of the store's busiest times of the year! Nor would they like you to humiliate the store, over something so trivial, because it will make the store and the staff look like total numpties!

Let us know how you get on, but be prepared to actually complain to their head office, by demanding the address and phone number, plus the store manager's full name, in case they think you are simply trying to pull a fast one. In other words, have the courage of your convictions!


Pooch

if you buy the wrong item or wrong size, that doesn't mean the item isn't fit for the intended purpose, and thus isn't covered by the sale of goods act

instead it means that you have bought the wrong item or size for your intended purpose

the intended purpose for the clothing is to fit someone of a specific size. if you are not of that size and can't fit into the clothing it doesn't mean the clothing is faulty or not fit for intended purpose, regardless of packing or not

there is no statutory right for any retailer over the counter to refund or swap clothing or other goods that you have bought and aren't happy with, unless they are faulty. many clothing stores will let you swap for another size or garment, some even refund, but that's company policy and not law, and that means they can refuse swimwear and underwear, and usually any other item at their discretion if they think it's been worn or not in an acceptable fashion, if the policy states so

unless the goods are faulty you have no right to a refund or swap. you can try ebay, diet, bin, regift or give to charity, or use them as a duster. you might find that they stretch so they may fit after all

[imightbewrong]

I think this is not a winner, since as others have said:

- If you buy something in a shop and it isn't broken then you have no rights to return it. (The only chance you might have is if you can say it was mis-sold/mis-represented by being on the wrong hanger - if you bought a box of saucepans and they were not the colour stated on the box, you would have a *right* to a refund/replacement - is this really that different?)

- Also as has been said, if they agree to swap/refund, they will have to throw the ones you are giving back away, since they can't re-sell them, which means there's not much incentive for them to.

[themilkman23]

Thanks for all the responses - Pooch I wish yours was the one I could listen to!

I wouldn't mind so much if they didn't cost me a tenner but I just feel a bit peeved that they tried to make it look like I was at fault by not checking the size on the label. At the end of the day if I'm buying something from them I expect them to put things in the right place....wouldn't this make life easier for everyone!

The other funny thing I noticed is that they had a sign on the counter saying they wouldn't be accepting refunds on the 26th & 27th to free up tills! What a cheek that is!!!

[Mac Man]

Originally Posted by themilkman23

Thanks for all the responses - Pooch I wish yours was the one I could listen to!

I wouldn't mind so much if they didn't cost me a tenner but I just feel a bit peeved that they tried to make it look like I was at fault by not checking the size on the label. At the end of the day if I'm buying something from them I expect them to put things in the right place....wouldn't this make life easier for everyone!

The other funny thing I noticed is that they had a sign on the counter saying they wouldn't be accepting refunds on the 26th & 27th to free up tills! What a cheek that is!!!

A bit naughty this but....

Unpick some of the stitching and take it back saying it's faulty. Nothing they can do then except hand you a refund.

But you ain't seen me (right)?

[Suave]

Hi,

Error in posting - sorry!

Suave!

[Steven]

Caveat emptor applies unfortunately. The underwear presumably still does its intended job - just that it will not fit the intended recipient

People like to jump into the Sale of Goods Act but there is a lot of misunderstanding and misapplication. That is exactly why returns, refunds, exchanges or credit notes are at the discretion of each retailer as they are not obliged to do anything at all if it is simply a case of buying the wrong item for whatever reason which we all do at some point or another

[themilkman23]

Originally Posted by Mac Man

A bit naughty this but....

Unpick some of the stitching and take it back saying it's faulty. Nothing they can do then except hand you a refund.

But you ain't seen me (right)?

"Mac Man? No...but I've seen Pac Man?"

That sound alright?

Seriously though, can they even turn customers away who want a refund on the 26th/27h?

[smelly]

Originally Posted by themilkman23

Ok so I bought a pair of marvel comic boxer shorts from River Island for Mr Milkman for Christmas. However upon coming to wrap them I notice they are a size small. When I picked these up they were on a hanger which said Large but as I wanted to get out of the shop because it was so hectic I just took them to the counter and paid for them.

Now here is my problem....I go to exchange them on Saturday and was told I couldn't as they don't exchange underwear! Is this right? I mean I know its only a pair of boxer shorts but they were £9.99 and I just feel frustrated that the lady basically told me it was my fault for not checking the tags inside! By all means I take some of the blame but its not like they weren't in the wrong either and I had my receipt and the tags were still on them! When I was looking through to find a pair of Large all the hangers had the wrong size on them!

Any advice would be appreciated, Mrs Milkman

I reckon you're on to a winner without having to exchange or give him an alternative.....you've basically told everyone on here he needs to have large boxers....he'll be happy with that won't he??

[prking]

Originally Posted by LFC_SL

Caveat emptor applies unfortunately. The underwear presumably still does its intended job - just that it will not fit the intended recipient

People like to jump into the Sale of Goods Act but there is a lot of misunderstanding and misapplication. That is exactly why returns, refunds, exchanges or credit notes are at the discretion of each retailer as they are not obliged to do anything at all if it is simply a case of buying the wrong item for whatever reason which we all do at some point or another

I agree completely, so many people quote the Sale of Goods Act, when its obvious from there post that they don't have the first idea what it says.

Threatening stores with contacting head office, is also a silly thing to do, because its the company's head office that sets the returns policy.

The best thing to do is just be honest, explain that you bought them in good faith, you didn't notice they were on the wrong hanger and they haven't been worn. If you get nowhere then take your business elsewhere in future.