Ok, after some advice/anything more I can do with this one…
Was after a wheelie bin screen (I know , very middle class..)
Visited our local garden centre (independent, not a chain) who advised us to try a natural screen
Got home and unpacked screen but no use as it couldn’t support its self so took back next day with receipt (re packed as best as I could, but all packaging was there undamaged)
Saw same guy who took screen off us then refused to refund money as we hadn’t returned the screen as it was packed when sold. Despite this being darn near impossible as it was wrapped by the manufacturer.
I said I had consumer rights etc his reply ” see you in court”!
Refused to talk to us.
So this morning contacted the bank as we paid by debit card. Thought we could get chargeback but can’t. Not a massive amount owed (£25.00) but it’s a lot to me. And he has the screen.
Tried calling but he just hangs up.
The guy (owner) will not enter into any conversation about this. He strikes me as being a bit weird.
One man band/one owner etc…

Any advice?

Well unfortnately for him but fortunately for you…….he has accepted a return so he owes you money

see here refunds and returns for more info.

Guy doesn’t have a leg to stand on (bit like the screen…….sorry) but may be an arse.

You don’t have any right to a refund if there is nothing wrong with the product and it wasn’t mis-sold.

Coming from my own experience from running a garden centre I know those products are completely impossible to repackage. And if they aren’t packaged perfectly as per how the manufacturers did it you can never re sell them at the normal price. People will just always select the unopened one.

It’s up to the company whether they offer a refund if unwanted policy, maybe this person doesn’t or they have a strict policy of only accepting it back if returned exactly as someone bought it so they can re sell at full price.

EDIT – did the retailer take the product off you and keep it but refuse the refund?

The guy won’t even discuss the issue. Never mind refund us the money.
We asked for the guy for advice prior to him selling us the screen. He knew what we wanted and what he sold us was not suitable/fit for purpose.

Yes but did he keep the product???? That’s how your OP reads.

You don’t have any right to a refund if there is nothing wrong with the product and it wasn’t mis-sold.

Coming from my own experience from running a garden centre I know those products are completely impossible to repackage. And if they aren’t packaged perfectly as per how the manufacturers did it you can never re sell them at the normal price. People will just always select the unopened one.

It’s up to the company whether they offer a refund if unwanted policy, maybe this person doesn’t or they have a strict policy of only accepting it back if returned exactly as someone bought it so they can re sell at full price.

EDIT – did the retailer take the product off you and keep it but refuse the refund?

All true but overridden by the seller accepting the return

Yes. He kept the product.

Ahhh ok well that’s different. I wrote my first reply and didn’t catch that bit first time round.

It’s a bit of a weird one.

I have no idea why you walked out without either the product or the refund. Why did you do that? You’re in a sticky position now as Its his word against yours now m that he now has the product. You’re going to have to go in and demand a refund and stay there until you get it. The tactic of putting off all incoming customers often works very well! I don’t know if this constitutes theft (or similar) now? Maybe stand there and make a fuss and threaten to call police if he gets a bit shirty??

Did they missell the screen. In another words did you believe that you were being sold a product that did the job?

Yup screen was not fit for purpose or missold.
We tried to speak to the guy but he refused to speak to us. Just said “see you in court” . He then wandered off just leaving us there. We were a bit like “erm, ok…now what” in the shop.

This is a weird one for sure! Trying to work out how/why you managed to leave the shop with neither the product nor your money! Do you have the receipt at least? Surely a call to Trading Standards is in order, as although I can see why he might (want) to refuse the return, as it stands he’s effectively nicked your property off you?

The problem was the guy took the screen off us then wouldn’t even enter into a conversation! We still have a receipt. It was just a bit surreal.

You don’t have any right to a refund if there is nothing wrong with the product and it wasn’t mis-sold.

No.

Under CRA, goods have to be fit for purpose, as described, and of satisfactory quality. From the OP, the product fails at least one of these tests and potentially all three but let’s go with “fit for purpose.”

You have 30 days from the purchase date in which you can return goods that fall foul of any of these criteria and demand your money back. He is in breach of contract and refusing to honour your statutory rights.

There’s a letter template here you can use – http://www.which.co.uk/consumer-rights/letter/letter-to-get-a-refund-if-your-item-is-faulty – send it recorded delivery and tell him you’d also be going to Trading Standards and the local press.

The problem was the guy took the screen off us then wouldn’t even enter into a conversation! We still have a receipt. It was just a bit surreal.

Yeah, the complication here is that you’ve no proof that you’ve returned it. He could feasibly deny all knowledge and say that he’ll return the money on receipt of the goods.

My gut feeling is that the effort and stress of recovering the £25 is not worth you while….

My gut feeling is that the effort and stress of recovering the £25 is not worth you while…

I think you may be right there.

Does it look something like this? I have not seen anything for £25.

It look like you have been had.

Are you sure the shop does not use the same trick on everyone?

You’re screwed by the look of it if the seller denies everything. 😯

Throw a brick through the window … that will cost him £25 to fix. 😈

Sounds like you’ve bin done, OP.

I think I would have been tempted to help myself to a more valuable item if he just stormed off and left me stood there.

Bravo Jamie 😀
That screen is what we were after and not what we were sold. 😕

Cougar, that’s a bit picky of my post isn’t it?? 🙄 We meant the same thing.

Problem is here is how you were sold it. Lots of things in DIY stores have multiple purposes, so it really depends on how you asked for something as to whether it was fit for purpose. It may have been fit for the purpose you described in the shop but not for the purpose you actually wanted it for.

Situation 1.
“I need something to go round my bin to hide it”
“Lots of people buy these as a screen, maybe that will be ok?”
“Ok no problem, I’ll buy it”

No comeback in that case. I’ve sold quite a few of those rolled up or sectionals bits of twigs or whatever they are. I would have guessed that someone would be attaching it between 2 solid posts or anchor points, seen that done a lot.

Situation 2
“Hi I need something to hide my bins that is free standing and is like this picture please”
“This is the same thing, it’ll be great”
“Ok I’ll buy it”

In that case it’s mis-sold. But how do you prove it? Surely there was a description on the packet and it could easily be seen what it is?

“Fit for purpose” and “as described” are all well and good but quoting them in a shop, while you are within your rights to, makes you look like a numpty. It’s easy to fight that corner when you have a description on an internet page but during a customer conversation it’s often the customer who doesn’t describe what they really want properly and the stafff who have to struggle to meet their needs when the customer themselves doesn’t really have a clue themselves.

This forum is all well and good at demanding rights but to be honest most customers are complete morons and it’s like getting blood out of a stone when you serve someone. Most people think the retail maxim should be “the customer is always right” but when you work in retail it’s always quoted as “the customer is always confused”.

You’ve bought a product that has many uses, it could have been used for the purpose you needed but it wasn’t the complete solution you were after. The intricacies of the conversation you had are the key.

Saying that though, it is still ultra bizarre he took the product and kept your money. Totally wrong!!

Chewkw – sorry that doesn’t stand up on its own when it gets slightly windy or the ground is uneven. They are crap on their own and need fixing to upright fence posts or simlar.

I know as my shop used to sell them!!

Report to Police as theft online, get a crime number and go back to bank and then see about a chargeback.

Cougar, that’s a bit picky of my post isn’t it?

Not intentionally, sorry if that’s how it appeared.

Lots of things in DIY stores have multiple purposes, so it really depends on how you asked for something as to whether it was fit for purpose. It may have been fit for the purpose you described in the shop but not for the purpose you actually wanted it for.

Sure. I was going off the OP, that what he bought wasn’t fit for purpose. Whether his “purpose” was out of scope for what the product was supposed to be I’ve no idea. If it was never designed to work in the way he describes then that’s an entirely different proposition.

“Fit for purpose” and “as described” are all well and good but quoting them in a shop, while you are within your rights to, makes you look like a numpty.

When faced with a seller whose response to a complaint is to take the goods back and walk off, sounding like you know what your rights are is useful, no?

For the sake of £25, even if the OP is in the wrong I’d have thought it’d be worth taking the hit and chalking it off to people being nobs people just for the sake of goodwill. Someone who essentially steals your purchase and walks off, that’s not a company I’d want to do business with irrespective of who’s actually right and wrong.

yes…. you now have two problems:

1) Whether you get a refund or not.
2) The fact that he’s just stolen the screen off you.

I would suggest that you deal with each separately:

Report the theft of the screen to the police.

Submit an application in the small claims court for the refund, on the basis that what your were sold is not fit for purpose and he has refused a refund. Also include the crime number and a description of the surrounding events – the fact that he stole the screen back from you, and refused to enter into a dialogue.

This will be about who is prepared to be the most difficult over 25 quid….. make sure it’s you.