Question - Refund on wrongly sold item

Hello all hope you can help. My friend (yes its a friend not me, its a she so explain all this) went into Currys to get a memory card for her digi camera, but she didn't have a clue what one she needed. So she asked the member of staff who asks "Is it a standard camera?" yup "Then you need this SD memory card". Member of staff did not ask what camera make or model it was, or even ask to see it, just gave her the wrong card after asking a badly informed question and told her it would work.

Now when the friend got home ripped the packing open then found it wouldn't fit in, wrong card. Am I correct in saying that since the sales staff gave her the wrong information she is entitled to a full refund even though the packaging is burst open? If they start to pipe up saying they don't need to as the packing is burst or the they will only offer store credit what part of the consumer rights act should she mention to verbally slap the idiots? Thanks.
I think if your "friend" remains perfectly calm, explains the situation to a member of staff in Currys, and doesnt take the statutory rites angle, they will be happy to exchange the card. Your "friend" was unlikely to be able to discover it was the wrong card without opening the packaging - its not "her" fault that they heat weld everything together these days.

And take the camera with you, sorry tell "her" to take the camera.
Hello Pacifist_Jihadist,

as long as the item was not bought too long ago they have to accept a return,even if it has been opened.
I am more familiar with the distance selling regulations but I think you have a week or two to return items for a refund.

It's the Sale of Goods act that you are seeking. However, this would be somewhat dodgy ground.

Yes, you are quite correct in that any item sold must be suitable for the purpose in which it is intended to use it. Therefore any advice given by an "expert" or sales person should be relied upon and if the advice is wrong then you do indeed have a claim under the SoG Act. That said, there is also a certain amount of having to protect yourself, and your "Friend" should have gone armed at least with some information such as make and model. If that information had been quoted then the item would certainly have been mis-sold. As your "Friend" didn't then the claim is somewhat dubious.

Frankly I would be surprised if the shop argues the case, as it won't be a huge amount for any SD card and they won't want the hassle.

That said, it does come down to your "Friends" word against theirs. If you buy something for a specific item it is always best to get it in writing from the sales person that that item will work on or in the product in which you intend to use it. Even if that means simply writing on the receipt....

Hope this helps.
One more thing. You have no statutary right to return an item that has been either wrongly purchased by you or to return an item simply because it doesn't suit.

Many shops offer a returns policy simply as it makes it more likely that you will shop with them but belive me, if you buy a shirt and then take it back because you don't like the colour you haven't a leg to stand on if they choose not to take the item back.

You do, however, have a whole host of rights if the item if mis-sold or is unfit for purpose or faulty.

You must never get the distance selling regulations mixed up with things that you buy from a shop. Under DSR you can indeed send something back within 7 days of receipt for a full refund for any reason, including the fact that you simply don't like it.
Thanks for the reply all. I know if your relaxed then sales staff are happy to help, that's my experience of things being on both sides of return issues. But thought id double check as she tells me she has had problems in the past with sales staff in this branch. However it was the "fit for purpose" part of the act i was thinking of rather than standing on the nearest and highest shelving unit and preaching the whole act out verbatim.

Oh and thanks for the "friend" part to the replies, im not a tech biff or scared to admit mistakes, honostly this "she" wasnt me in high heels, its not the weekend yet!
Some of the advice above is correct and would be useful. Some is not so correct, and not so useful!

Yes, this sale is caught by the Sale Of Goods Act 1979 and yes, all goods must be fit for purpose, free from minor defects, durable, and safe (amongst other things).

As the consumer had an opportunity to examine the goods before purchase, unlike goods bought at distance (ie. internet, telesales, catalogues, etc) the consumer does not have the right to simply change their mind.

If any goods bought which do come under the Sale Of Goods Act 1979 do not meet the above conditions, a consumer has a reasonable time to reject the goods. redress is available in the form of repair, replace, or refund (which is often up to the trader to choose which is most suitable). Reasonable time is not defined in The Act, but there is some caselaw surounding this. (However if this was only recently, it is fine).

However, in this case it appears that the information provided by the trader was inaccurate. Therefore it is fair that the consumer bought the goods believing that it was the correct card.

However, we are only hearing one side of the story. Without defending Curry's (or any other DSG Retail company - PC World & Dixons) I can't see it entirely likely that a sales assistant would ask "Is it a standard camera?" seeing as there really isn't such a thing. There are so many different forms of memory card out there, I would suggest that some information was offered by the consumer as to the make/model of the camera.

My professional opinion would be to approach Curry's in the first instance to explain the situation. See what their reaction/decision is and go from there.

Failing that, put it down to experience, and know what you need to buy next time. You wouldn't buy a fuel filter without knowing which car it's going on! ....would you?

Hope you get it sorted.
Its a shame many company's are like so. I am currently in a job before i sign up, at a shop called Tiso. Its a outdoor shop, and every body has a right to return any product if it doesn't fit ect, Within 60 days. Need a reseat and all. And need to be in resell able condition to. But that's about it!

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