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Update from Trading Standards
"When a consumer buys goods from a trader, a contract is made between the two parties. The trader just needs to make sure that they supply goods that adhere to The Sale of Goods Act 1979 (as amended) which is automatically implied in the contract.
It is the consumer’s responsibility to make sure that the item they are buying is what they want - whether it be for them or a present for someone else. Therefore if for example a consumer attempts to obtain a refund on the basis that they bought a size 10 garment as a gift but should’ve bought a size 12, this does not mean that that the garment is not fit for its purpose, it just means that the consumer has not taken care to buy the correct size. The garment can still be used for the purpose it was made for by a person who is a size 10. The consumer would not be entitled to a refund.
However, if for example a consumer asks ‘prior’ to purchase if they are able to return the goods should they be the wrong size - and you agree, then this becomes an expressed term of the contract and you would have to give a refund if necessary. Remember, you do have to agree to such a term prior to contract – it is your choice to do so, as you are granting them rights in addition to their statutory rights. Therefore any additional refund policy that you offer is the company's choice and is not a legal requirement.
It is the consumer’s responsibility to make sure that the item they are buying is what they want - whether it be for them or a present for someone else. Therefore if for example a consumer attempts to obtain a refund on the basis that they bought a size 10 garment as a gift but should’ve bought a size 12, this does not mean that that the garment is not fit for its purpose, it just means that the consumer has not taken care to buy the correct size. The garment can still be used for the purpose it was made for by a person who is a size 10. The consumer would not be entitled to a refund.However, if for example a consumer asks ‘prior’ to purchase if they are able to return the goods should they be the wrong size - and you agree, then this becomes an expressed term of the contract and you would have to give a refund if necessary. Remember, you do have to agree to such a term prior to contract – it is your choice to do so, as you are granting them rights in addition to their statutory rights. Therefore any additional refund policy that you offer is the company's choice and is not a legal requirement.
