Legally, what am I entitled to?

bylromarha

My friend bought me a birthday present from Monsoon. She gave me the receipt with it in case I didn't like it...I didn't.:o

My friend purchased the present on her switch card...which I obviously do not possess.

I tried to get gift vouchers today for the present, but was told I could either exchange, or get my friends switch card (100 miles away) or keep the present. I wasn't allowed gift vouchers as they had to be bought, and they didn't do credit notes.

I refuse to just exchange for something I don't want or need...I like buying things with a purpose, not just having tat lying around, so the only option left to me was to exchange it for something else I didn't want, then to return that in 28 days to exchange for somthing else I didn't want...and keep this process going until I need an item from the shop.

This to me seems madness! The manager, point blank, refused to give me a gift voucher. I thought, if i had the receipt, I could have a gift voucher at the very least.

Does anyone know if they can legally refuse me a gift voucher? Thanks

Raggie

I think .. and it is only a thought..

That as the Item :-

Was not Faulty & Was not bought in that actual Shop

Your not entitled to anything..

But I am sure more knowlegable people will be along soon...

wobbley

I don't think legally you are entitled to anything. As I understand it the shop is acting in 'goodwill' allowing you to exchange an item on the basis that you dont like it. It's totally different if the item is faulty but in this case I don't think you said it was. It may be different if the shop has a well publicised policy on exchanges such as M&S or if the original purchaser asked at the time if it was ok to bring back if it wasn't suitable. It's probably not what you want to hear - sorry, but I wouldn't push it with the shop too much.

Astaroth

Legally, you only have the right to return an item which is faulty or not fit for purpose.

If the item is simply "not liked" you have no rights at all to return it but most companies do have their own returns policy which allows you to return items which are not faulty for exchange/ refund etc but this is purely at their own discretition.

The exception to this is items which are bought by mail order for which you have a "cooling off" period - as you cannot truely judge the quality of an item from a webpage/ catalogue etc but this obviously doesnt apply in this case.

If the store have offered gift vouchers then they are already going beyond what the law requires of them... "buyer beware"

calleyw

You don't have any rights in law to anything if you return something just because you don't like it.

If it was faulty then you would be entitled to refund or gift vouchers.

Giving a exchange just because you don't like it is totally goodwill from the store. And way above what they have to do in law it seems.

More info here:

http://money.uk.msn.com/MyMoney/Insight/Money_Spinner/article.aspx?cp-documentid=143805

Found this by doing a quick google.

Yours


Calley

bylromarha

Well that seems to have covered it then. I won't cause a rumpus next time I return.

Off back to Monsoon in 28 days. I think my friend was told I could get a gift voucher if I didn't like it (well thats what she said) but I don't think it'll make any difference if that isn't their policy.

Thanks for all the help.

bylromarha

But hang on, it says on the back of the receipt that they're "happy to exchange/refund any perfect merchandise returned within 28 days of purchase upon production of your receipt."

Doesn't specify the method of payment has to be identical...plus the exchange receipt for new goods doesn't specify payment method either, so wonder what will happen when I do try to get a refund in 28 days.

Astaroth

Ok... only scan read the original post.... you will find almost no where that will give you a refund to a different payment method than was originally used due to anti-money laundering guidelines/ laws and counter fraud.

A common trick is for people to buy something with a stolen card/ "dirty money" and then take it back for a refund and ask for the (clean) money to be put in a different account/ given as cash etc.

I am sure you will find something in monsoon that you will like... or you have an emergency gift for someone else when you forget it is their b'day etc

moonrakerz

bylromarha wrote:

But hang on, it says on the back of the receipt that they're "happy to exchange/refund any perfect merchandise returned within 28 days of purchase upon production of your receipt."

Doesn't specify the method of payment has to be identical...plus the exchange receipt for new goods doesn't specify payment method either, so wonder what will happen when I do try to get a refund in 28 days.

If you paid cash, they will give you cash back - if you paid by plastic I believe they can only refund to the card, which is part of the shop's T & Cs with the card issuer. Prevents would-be fraudsters getting hard cash on a phoney card number.

ruthyjo

I had the same situation happen to me at h and m where my sister had bought me something on her card and they would not refund, only exchange. I can see why they have the policy but I think the problem arises because when the original purchase is made the purchaser is advised that the recipient will be able to exchange/refund the item. This is definitely what had happened with my sister and it sounds like with op's friend. I just stood my ground until they backed down (and a big queue builds up quite quickly in h and m). Can't believe you can't find anything to buy in Monsoon though - I always want half the shop. If there's nothing for you perhaps you could get a gift for someone else and then treat yourself to something yo do like elsewhere with the cash saved on that gift?

Wig

Legally (as a buyer) you are entitled to the T&C's as set out in the refund policy. If they have no policy then you are entitled to nothing - except when the item is faulty. Legally I should imagine the T&C's apply only to the buyer, i.e. not you, so you are entitled to nothing but IANAL.

Even when the item is faulty if you don't go back quick enough you are not entitled to a refund. If you do go back quickly you are entitled to a refund.

All shops will only refund on the card which purchased. If you want to sort this either pick something you like - can't be that difficult. or ask your friend to post her card to you, and you post it back, afterwards.