Bought a pair of shoes

from a well-known shoe shop, on the off-chance that my husband'd like them. He did, but after he'd walked round in them, we discovered that one was too small. Turned out that it was a size 10, and the other was his usual size, an 11. Will the shop exchange the wrong size for the correct one, even though they've been walked in?
23:42 Fri 19th Dec 2008
 
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I would expect they will, as it's their mistake for not checking both were the same size. They usually do check at the till point.
Question Author
Thank you Velvetee. The girl DID do a sort of quick check before they went back in the box, but it was only a cursory glance. I never gave a thought to there being any difference in size. I have the receipt, but wasn't quite sure whether they'd give me the correct shoe, what with them both being tried first on a carpeted floor and then on a hard one.
Well don't be fobbed off, and ensure you tell them it's their job to check if they get funny. If it's a large chain store, I'm sure you'll have no problem.
When you buy any goods that must be 'fit for the purpose' under the Sale of Goods Act.

Odd sized shoes are clearly not 'fit for the purpose' unless they were specifically bought as such.

You will get a full refund or exchange, whichever you prefer
Question Author
Thank you Ethel. We'd prefer to have the shoes - and i got them at Clarks, by the way!
No problem then. :)

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