What can I do about expired voucher?

I bought a tank bag from a shop in Doncaster. The sales assistant said I could take it home and try it on my bike and return it if necessary. It was too tall so I returned it. It was the salesman’s day off and another salesman refused to refund me. He said because there was nothing wrong with the product it was their policy to refuse and offered me a gift voucher. After much arguing I reluctantly accepted a gift voucher for £107.99. This was in February 2020 just before the Covid lockdown. The voucher was valid for 1 year. This month I telephoned them to ask them if they would be prepared to still honour the voucher but they refused. I pointed out to them they were closed for much of the lockdown. I was following government guidelines and not making unnecessary journeys. Can they do this?
Paul Backhouse

Answer

In terms of the voucher that was valid for one year I am afraid you are contractually bound by that and cannot use it beyond the offered and accepted period of one year. In relation to the original purchase the first sales assistant was acting on behalf of the company when he/she said you could return the tank bag. It is irrelevant that the company policy was not to offer this – the fact is the sales assistant did do so and bound the company to that. Therefore I would suggest that you contact the owner of the company and alert him/her to the breach of contract and threaten small claims court proceedings if they don’t refund you in full.

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