Fun Junction refund problem! I'm so angry!

misssalomi

I'm a mere lurker on this site, but I'm sooooooo angry now that I feel compelled to post and ask this forum for advise.

3 weeks ago I put a deposit down for a dolls house in Fun Junction in Spalding, Lincolnshire. The dolls house was on a special offer and since they were out of stock, i was asked to put my name on the re-order list, to avoid dissappointment, and pay a deposit of £40.

10 days ago the shop rang to say the dolls house had come in and could I come and collect it. On the same day my elderly parents, who live in Holland, rang to say they had a great present for my daughter! Guess what.....? Yes, you're right! A dolls house.

As I couldn't possibly tell them we already had one organised, I asked my husband to go to the shop, explain the situation and get our deposit back.
I got a phone call from him 1 hour later. He was fuming! The shop keeper had told him in no uncertain terms no refund was available. He also made out that the dolls house had been ordered specially for us (not true) and when my husband try to argue his case, he was told to p.....ss off and leave the shop!
When my husband, gobsmacked, left the shop, saying he would contact Trading Standards Office, he was loudly laughed at and called names.

You can imagine how he felt after that.
We did call the Trading Standards Office who happily informed us that the shopkeeper was in his right, and nothing could be done legally.

We contacted what we thought was Fun Junction's head office, but found out that every shop is individually owned, and although the manageress of that particular shop was shocked by their attitude, she could not help me any further.

We are now £40 out of pocket. We would have to pay Fun Junction another £40 to get a dolls house we don't need, but in doing so we would have to look at the shopkeeper's satisfied face, knowing he had won, and probably be treated to another barage of abuse. Leaving it would give him £40 sheer profit. No matter what we do, we can't win.

We have asked friends if anyone wants a dolls house (so they would go and get it instead) but nobody is interested.

Does anyone have any good ideas how to solve this problem?

Thanks in advance
misssalomi :mad:

shopbot

I think there are two seperate issues here.
The first is the legal situation. If Trading Standards have given you advice then you will have to go with it.
The second is the rude way that your husband was treated for which there is no excuse. What the shopkeeper forgets is that it is customers who keep his business going. The long term consequence of his rudeness is that far more poeple will hear a negative story about Fun Junction then if he dealt with your husband with respect. If the stores are individually owned then I would try and find out who the franchise owner is and contact them. When you do point out to them the damage that the shopkeeper is doing to their brand image.

I've had a quick look on Google to try and get the franchise holders details but did'nt find out much. Why not try phoning another store and pretend to be interested in becoming a franchisee and ask who you could contact about it. You should then get the details. Good luck.

hjb123

misssalomi wrote:

3 weeks ago I put a deposit down for a dolls house

If I put a deposit on something I wouldnt expect to get the deposit back.

To define a deposit:

'pay someone a sum of money when you make an agreement with them to pay for or buy something, which either will be returned to you later, if the agreed arrangement is kept, or which forms part of the total payment'

You made the agreement, you then said you didnt want product, they kept deposit, so would I have done!

herbal

The only thing here is the amount of the deposit, why did you pay 50% most ask for 10% maybe 20%. Find out how much the dolls house is worth, you couls always buy it and sell it in the paper for £50. (still got £10 back)

SaraSeahorse

misssalomi wrote:

The shop keeper had told him in no uncertain terms no refund was available. He also made out that the dolls house had been ordered specially for us (not true) and when my husband try to argue his case, he was told to p.....ss off and leave the shop!

. . . at the shopkeeper's satisfied face, knowing he had won, and probably be treated to another barage of abuse. Leaving it would give him £40 sheer profit. No matter what we do, we can't win.

misssalomi :mad:

There was no need for him to be rude to your husband. Had your husband been polite and asked calmly if he would consider returning deposit? Possibly and no excuse for rudeness but if you husband had been persistent having been told no maybe the shopkeeper lost the plot - again no excuse.

The only way you may get somewhere though is if when you placed the deposit you had not been given any sort of receipt or the receipt did not state that deposit was non refundable.



May I ask how you know that house had not been ordered specially. It is just that if the items were out of stock and a deposit was taken in order to secure an item coming in for you then I would have thought that meant that doll's house was specifically for you. Would you not have been annoyed if you paid a deposit and then your doll's house was sold to someone else.

There is no excusing manners but your husband asked for a deposit back and the shop keeper decided not to exercise goodwill - his choice and agree not necessarily good for business but then neither is returning deposits and possibly having unsold item.

Sorry to be harsh but the lesson here is do not put deposit on item unless you are going to purchase.

SaraSeahorse

"What if I change my mind after ordering goods?

When you order a product and pay a deposit, you enter into a contract. If you change your mind and break the deal, you cannot insist on your money back, so you may lose your deposit.
"

http://www.clsdirect.org.uk/legalhelp/leaflet13.jsp?section=4&lang=en

"Q. I accept a deposit for goods but then the customer changes theirmind? Do I have to return the deposit? A.In most circumstances deposits are non-refundable, because the customer is in breach of contract by wishing to withdraw from it. However, there are a few exceptions relating to credit agreementssigned off trade premises and contracts as a result of an unsolicited visit to a customer's home."

https://www.derbyshire.gov.uk/Images/ca29_tcm2-35772.pdf

jfdi

I'd buy it anyway, then sell it off on e-bay later in the year - when they're in short supply!

Should make a profit!

robnye

jfdi wrote:

I'd buy it anyway, then sell it off on e-bay later in the year - when they're in short supply!

Should make a profit!

ditto... i agree.........,

think what is the worst case..... you dont purchase you are £40 down
you purchase you are £80 down ,plus you have a brand new dolls house, then you sell it on ebay for more than £40..... you are down less than you started...................

Becles

Could you tell the relatives that you have already bought a dolls house?

It's them who caused the problem, so it should be them who sort it out IMO.

My Mam bought a toy for my son which I'd already bought, so she was happy to take it back and swop it for a game I knew he wanted.

misssalomi

Hi All,

Thanks very much for your replies.
We have decided to let a friend go in to pay the balance, collect the dolls house and put it on Ebay next year (there are too many on there at the moment)

We did manage to contact a lady who manages the franchise and she tried to talk to them yesterday on our behalf. She got told to mind her own business!!!!! I think people like this don't deserve to manage a shop, and any further words spend on this is a waste of energy and time.

Although.....a visit to the local paper might be nice...........

Thanks
misssalomi

soolin

misssalomi wrote:

Hi

Although.....a visit to the local paper might be nice...........

Thanks
misssalomi

I don't think going to the local paper is a good idea really. Trading standards have said you have no right to a refund, so complaining in the press might make you look a little foolish. It also gives free publicity to a shop that might benefit them if they come out all reasonable explaining how they are small independent traders and ordered it in specially etc...

Soo