Quick legal advice
I bought a gift in a brick-and-mortar store, which I decided to return. When I made the purchase, I specifically asked the salesperson if it would be possible to return the item, and was verbally told that “it’s no problem within 14 days”. However, when I went to return the goods, another salesperson told me that returns were not possible and referred to the terms and conditions, which state that goods from brick-and-mortar stores are not returnable. In this situation, do I have any chance of getting a refund?
In short: there is no legal right to return goods purchased in a brick-and-mortar store without a defect. However, if the seller expressly promised the possibility of return when the purchase was made, this was an individual arrangement which may take precedence over the terms and conditions. The problem is proof. If it was just a verbal promise without witnesses or written confirmation, you are in a “word for word” situation where the shop usually has the stronger position.
Going forward, there is a simple, if somewhat unromantic, rule: what is not in black and white is as good as gone. If a shop goes above and beyond the law to accommodate you, ask for it in writing – perhaps a note on the receipt, an email or at least a text message. In this particular case, you can try contacting the store manager or the retailer’s head office, but you probably won’t have purely legal leverage without proof of the promised refund. Humor aside: verbal agreements are fine as long as everyone remembers the same thing.
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