M&S exchange policy fight!!

AmyCP

I was bought a gift of earring & necklace set by a friend who asked if they could be exchanged/returned - she was told yes, and provided with a gift receipt. When I visited to exchange/ask for a credit receipt i was told that this was against store policy despite all previous assurances and my gift receipt. A -rude- manager who I then asked to speak to, basically gave me a flat NO; I was told tough luck, we don't exchange earrings.
Is this legal? Am I within my rights to argue that this was their mistake, not mine?
Comments appreciated
Amy

withabix

M&S are under no obligation to give you refund or exchange for anything unless it is faulty.

Unless your friend has it in writing, you aren't going to get them exchanged or refunded.

vikingaero

Earrings are one of the few items that are non-refundable because of hygiene reasons.

maggie111

I can completely understand them not accepting the return of earrings which is standard in many many shops, and is for the same reason you can't take back knickers... lol

However, it was a gift, you were told you could and I would be annoyed too... Write to the head office and explain. It's probable lady on till knew it was a gift, knew you were getting a gift receipt so just said "yeah, you can" without actually checking.

Am sure HO will look kindly on it. Write them a letter and just come across as upset/bewildered rather than using an aggressive tone

AmyCP

Maggie - thanks for sympathy - I will probably write, I've always observed M&S as fervent customer pleasers with a cracking exchange policy and am more annoyed with the manager's aggressive stand-off and lack of goodwill than the policy itself, which I understand.
Thanks all for your quick replies.

Ivory_Tinkler

AmyCP wrote: »

Maggie - thanks for sympathy - I will probably write, I've always observed M&S as fervent customer pleasers with a cracking exchange policy and am more annoyed with the manager's aggressive stand-off and lack of goodwill than the policy itself, which I understand.
Thanks all for your quick replies.

I think maybe your friend was given bad advice when she purchased the gift for you. However, I don't know anywhere that would exchange earrings.

sarahg1969

"M&S are under no obligation to give you refund or exchange for anything unless it is faulty."

Yes, they are. Not under consumer law, but under their standard contractual terms. It's on the boards behind the desks.

However, it is usual for jewellery to be excluded from this policy.

withabix

sarahg1969 wrote: »

"M&S are under no obligation to give you refund or exchange for anything unless it is faulty."

Yes, they are. Not under consumer law, but under their standard contractual terms. It's on the boards behind the desks.

However, it is usual for jewellery to be excluded from this policy.

Obligation = requirement under law.

M&S choose to offer this. They could change this policy at any time - just like they did when they reduced the time period for exchange/refund.

sarahg1969

withabix wrote: »

They could change this policy at any time - just like they did when they reduced the time period for exchange/refund.

Absolutely. But you wouldn't be returning something unless you'd already entered into the contract with them - at which stage it would be too late to change the terms. That's entirely different from changing their terms from time to time.

None of this applies to the OP, of course. All she can do is to appeal to their better nature.

smcaul

withabix wrote: »

Obligation = requirement under law.

M&S choose to offer this. They could change this policy at any time - just like they did when they reduced the time period for exchange/refund.

Actually they are obliged to in this case. The item was purchased on the understanding that it could be exchanged, that formed part of the contract of sale, the proof of this is the "gift certificate", if the item could not be exchanged then the certificate should never have been issued.

Does not matter if the employee got it wrong, the company still have to stand by it.

Littlemiss27

I might be wrong as its been a long time since i worked in a store that supplied gift receipts, but as far as I remember gift receipts were effectively a just a receipt that proved what was purchased and when but did not disclose the price. This meant that if the item was exchangable that we could offer an exchange (we needed reciepts to exchange items) and also if the item was faulty it meant that we could exchange/return using the original value paid not the current value.

I think it would probablly be best for you to give customer care a call (0845 609 0200) and as some one has already said try to come across as as upset rather than annoyed.