Sale of Goods Act ..Help Please

[Rich S]

Afternoon All

Now the good lady wife decided she wanted to treat me on our anniversary

she went to a gallery I have bought various paintings off before , and picked a sketch she thought I would like .
She was told at the time that as it was a present , if I didn't like it it wouldn't be a problem

Now the Gallery was due to hold an auction for this artist , and pleaded with her not to take it there and then , and as she was trying to be helpful she obliged them , but let them know that she had to have it for the 3rd of December.

well the 3rd of December came and went , and they hadn't supplied her with it
Like a Muppet , she had already paid for the sketch (on plastic at least)

So I finally get to see said piece of art , and it isn't my sort of thing at all
I like the artist , but it's his use of colour that makes his work stand out .

Now we get to the problem , at present they are refusing to give the Mrs a refund
it was never stated at the beginning that they wouldn't , and it was expressly stated that it was for a present
Added to which , we have never taken delivery of the picture .

They are trying to insist on a credit note , or her buying another picture

I probably would buy another picture , but HATE being strong armed into it , and the Mrs feels guilty about the whole thing

Am I correct in believing that we can insist on a refund , as the sale was made under false pretences ,
Or can I go to the Credit Card company , and ask them to re-credit my wife's acc , as it has been debited for goods we haven't had ?

This whole situation wouldn't be my way of doing things , but just looking to get her out of it as painlessly as possible

Cheers

Rich

[iggletiggle]

im sure others will be along shortly.

i would say contact your CC company and say that you havent received goods and have now been refused a refund etc, then get the money back that way, but only if they are really not going to refund.

[MarsellusWallace]

Im fairly sure that unless you have it in writing from them that they would refund your money then you must accept a credit note Im afraid.

Its a poor show considering you have bought from them before(and if it was me then I wouldnt be buying from them again!)

[mcflurry]

Changing your mind doesn't guarantee a right to a refund. However, in the interests of customer service many shops offer one...

[james_tigerwoods]

I think you're only entitled to a refund if the gifts are of non-merchantable quality - if you just don't like it, you're not legally entitled to anything at all. As mentioned above, most shops exchange or refund if you don't like something based on their own discretion (and customer goodwill).

There is, however, a 7 day grace period under the distance selling act (I think) if you buy online, over the phone or by post.

[Fastra]

You're clutching at straws if it was only a spoken agreement, although you'd expect they'd stick to it really!
Unless anything is specially written down in their T&Cs somewhere then they could pretty much just hold you to a credit note.

[rsv gone!]

As already covered, if they deny offering a refund, there is feck all you can do.

Assuming that is their line, they aren't obliged to give you anything.

[John MacK]

Rich S said:

She was told at the time that as it was a present , if I didn't like it it wouldn't be a problem

It is not a problem, they are not making you take it away, they are letting you buy something else of the same value (or more if you pay the extra)


I don't see where they said your wife would get a refund if you didn't like it.

[Fort Jefferson]

You are not entitled to a refund unless the goods are faulty or not fit for purpose.

Just because you don't like it, is not good enough.

[7db]

No rights under SoGA (might be tempting to go for a "fit for purpose" argument -- not a good present if the receiver doesn't like it, but can't see it succeeding.)

No rights under DSR -- was examined prior to sale. She should have phoned in her credit card details!

So in fact hard to see that the gallery needs to do anything other than give you your artwork. No real reason for them to offer you a refund or credit note at all.

• However* - if you bought it on a credit card you might try calling them up. Amex, for example, has a whole department who deal with returns to retailers. They are jointly liable for the sale and might help if you are a good customer and they can put awesome pressure on a small businesses to issue a refund. But be clear in your mind that you have no right to it...

[Jasandjules]

Rich S said:

she went to a gallery I have bought various paintings off before , and picked a sketch she thought I would like .
She was told at the time that as it was a present , if I didn't like it it wouldn't be a problem

Does she know who she spoke to? What exactly was the "it wouldn't a problem" - exchange it for another pic?

[TomJS]

Rich S said:

Afternoon All

Now the good lady wife decided she wanted to treat me on our anniversary

she went to a gallery I have bought various paintings off before , and picked a sketch she thought I would like.

She was told at the time that as it was a present , if I didn't like it it wouldn't be a problem

Now the Gallery was due to hold an auction for this artist , and pleaded with her not to take it there and then , and as she was trying to be helpful she obliged them , but let them know that she had to have it for the 3rd of December. well the 3rd of December came and went , and they hadn't supplied her with it

Like a Muppet , she had already paid for the sketch (on plastic at least)

So I finally get to see said piece of art , and it isn't my sort of thing at all
I like the artist , but it's his use of colour that makes his work stand out .

Now we get to the problem , at present they are refusing to give the Mrs a refund
it was never stated at the beginning that they wouldn't , and it was expressly stated that it was for a present
Added to which , we have never taken delivery of the picture .

They are trying to insist on a credit note , or her buying another picture

I probably would buy another picture , but HATE being strong armed into it , and the Mrs feels guilty about the whole thing

Am I correct in believing that we can insist on a refund , as the sale was made under false pretences ,
Or can I go to the Credit Card company , and ask them to re-credit my wife's acc , as it has been debited for goods we haven't had ?

This whole situation wouldn't be my way of doing things , but just looking to get her out of it as painlessly as possible

Cheers

Rich

Your only game would be to sue for breach of contract on the following basis.

1) That there was an oral agreement that you would be able to return the picture for a refund if the present was not suitable.

2) That it was an express (oral) term of the contract that the painting be delivered up by 3 December, and that due to their breach (failure to supply by that date) you are exercising your right to rescind the contract.

Good luck. SOGA has no place here though.

[Piglet]

There is no issue with "we'll give you a refund" being an oral agreement BUT it doesn't appear that this is what was actually said.

What was she told - "it's not a problem we'll give her a refund" or "it's not a problem he can chose sometime else"?

You have no right to a refund under SOGA for something that is just not liked, your only real way out is the collateral contract formed at the time of sale IF they told her she could have a refund if you didn't like it.

The non delivery is only an issue if you can demonstrate that they really knew that delivery was for then and the deal was that they would deliver. Did she go in to them on or before the 3rd December to see if it was ready for collection?

[Mojooo]

Will they deliver it now? And why was it not delivered before?

As mentioned you have no automatic right to a refund and it seems it is your word against yours on them making any verbal offer to refund (if they did)/

So loosk like you may have to go for a credit note or exchange.

[JustinP1]

TomJS said:

Rich S said:

Afternoon All

Now the good lady wife decided she wanted to treat me on our anniversary

she went to a gallery I have bought various paintings off before , and picked a sketch she thought I would like.

She was told at the time that as it was a present , if I didn't like it it wouldn't be a problem

Now the Gallery was due to hold an auction for this artist , and pleaded with her not to take it there and then , and as she was trying to be helpful she obliged them , but let them know that she had to have it for the 3rd of December. well the 3rd of December came and went , and they hadn't supplied her with it

Like a Muppet , she had already paid for the sketch (on plastic at least)

So I finally get to see said piece of art , and it isn't my sort of thing at all
I like the artist , but it's his use of colour that makes his work stand out .

Now we get to the problem , at present they are refusing to give the Mrs a refund
it was never stated at the beginning that they wouldn't , and it was expressly stated that it was for a present
Added to which , we have never taken delivery of the picture .

They are trying to insist on a credit note , or her buying another picture

I probably would buy another picture , but HATE being strong armed into it , and the Mrs feels guilty about the whole thing

Am I correct in believing that we can insist on a refund , as the sale was made under false pretences ,
Or can I go to the Credit Card company , and ask them to re-credit my wife's acc , as it has been debited for goods we haven't had ?

This whole situation wouldn't be my way of doing things , but just looking to get her out of it as painlessly as possible

Cheers

Rich

Your only game would be to sue for breach of contract on the following basis.

1) That there was an oral agreement that you would be able to return the picture for a refund if the present was not suitable.

2) That it was an express (oral) term of the contract that the painting be delivered up by 3 December, and that due to their breach (failure to supply by that date) you are exercising your right to rescind the contract.

Good luck. SOGA has no place here though.

Reading the top of the thread I was scrolling down to type my reading of the legal situation.

However, it is exactly the same as yours, I concur on all of the points.

As further advice it would be simply to put the situation and those point in writing to them and ask for a refund to the card.

[siscar]

The only thing that I would add is did they commit to deliver? It may have been available for collection on or before the 3rd.

[Rich S]

First , thanks to everyone for their replies .

Second , they have done the decent thing , so I am pleased to say there is "no problem" any more,
and they still have a customer going forward .

cheers all . and have a Happy Christmas

Rich

[MarsellusWallace]

Sounds like common sense have prevailed-esp as you have bought off them before and probably will again.