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I bought an item from a store for my sons birthday - it wasnt suitable. I tried to take it back, in the original bag with labels still attached and in original condition. I just want an exchange - not a refund. I have lost my receipt and paid cash (it was only 4 days ago) but the store will not let me exchange the item. I have emailed their head office, and am getting the same response. It is a big national store, and i'm sure I am within my rights to demand an exchange.

The assistant was more or less implying I could have stolen the item!!! If I had, why would I be asking for an exchange and not a refund?

Does anyone know the law regarding proof of purchase?

2007-03-07 23:08:40 · 16 answers · asked by Anonymous in Politics & Government Law & Ethics

I know, I spelt 'purchase' wrong!!! Just checking you were awake xx

2007-03-07 23:13:55 · update #1

16 answers

Proof of purchase is a receipt. A credit card statement only verifies that you bought something from that store - not necessarily the item you're trying to return.

I don't know where you are, but in the State of Ohio a merchant can do anything they want with refunds and returns. Store credit only, keeping a percentage as a restocking fee, only a certain number of days after purchase, receipt required, whatever. The only requirement is that their return policy is clearly posted where customers can see it. The law says that you accept that store's policy by making the purchase.

2007-03-07 23:21:25 · answer #1 · answered by Anonymous · 0 0

Normally the proof of purchase is required, in fact that is your legal document of purchase. What you could do if you knew what day and time you were in the store is to ask for a copy of the receipt. It is entirely up to the store if you have lost the receipt. It would be a notion of goodwill if the store were to exchange your goods, but it sounds as though you have hit a brick-wall. Citizens Advice would tell you where you stand in this matter. Good luck.

2007-03-12 04:41:36 · answer #2 · answered by Dr Paul D 5 · 0 0

What do you mean by "not suitable"?

In general terms, goods must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale); taking into account the price and any description.

If any of these apply to your circumstances, you do not require a receipt. In fact the retailer doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc, and this should be sufficient.

All shops are legally bound to keep copies of receipts, then if you do not have your copy then ask to see their copy. If you are able to detail what day, and roughly what time you purchased the goods, it should not be unduly arduous for the store to look for the copy receipt.

If all else fails, you will have to bring a claim in the small claims court.

2007-03-08 07:34:29 · answer #3 · answered by stephen.oneill 4 · 0 0

Shops are only bound to exchange an item if it is not of satisfactory quality, it has minor defects, it is not safe, the description does not match the goods, it is not fit for purpose etc (Sale of Goods Act 1979, as ammended).
However, if you merely want to exchange something because you don't like or for any other aesthetic reason, there is no law that says they should and they are not obliged to - shops normally do out of a 'goodwill gesture'. You cannot demand an exchange unless it is faulty.
Even if it is faulty they are only obliged to offer a replacement, fix it or give you your money back.
Proof of purchase is proof that you bought it from their shop - a receipt.

2007-03-08 10:02:23 · answer #4 · answered by KSP 2 · 0 0

You are not within your rights to demand an exchange without proof of the purchase. When you bought the item they gave you the proof but you lost it - that is not the stores fault.

They may not have been implying that you stole the item, they were saying that you have no proof you purchased the item, and they are well within their rights to refuse a return without proof.

2007-03-08 08:11:49 · answer #5 · answered by Susie D 6 · 0 0

as far as I'm aware they don't have to offer you anything, only if they do it as a gesture of good will. i work in retail ( Argos )and we will accept it if it is original condition. we also accept a copy of a bank statement or credit card bill with details on it as proof of purchase. if you paid cash then you could be fresh out but if there is another store which is part of the same company in your area see if you can go in there on a busy day, they don't want to hold up the till and Saturday staff usually don't care as much... good luck...

2007-03-08 07:20:15 · answer #6 · answered by Anonymous · 0 0

I believe that the receipt is the valid proof but most stores have their own policeys regarding this matter. Usually if you lose the receipt and the clothes have their tags on then they will exchange but this depends on the store.

2007-03-08 07:17:21 · answer #7 · answered by j j 2 · 1 0

I would just take the item to WalMart. They dont care as long as they make you happy. Kmart does the same thing. But the answer is your recipt is the proof of purchase.

2007-03-08 07:22:46 · answer #8 · answered by ? 1 · 0 0

In your case you have no proof of purchase. It would either be the receipt, or your credit card/debit card statement.
If you are in the UK then shops are under no legal obligation to take back or exchange something unless it is damaged.

2007-03-08 07:16:07 · answer #9 · answered by OriginalBubble 6 · 0 0

Ask for the store copy of the bill which corresponds to you purchased item.

2007-03-08 07:45:45 · answer #10 · answered by manjunath s 2 · 0 0

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