TK Maxx Returns Policy - Underwear

leedslad_2

I bought some Calvin Klein underwear from TK Maxx on Wednesday which were boxed with the security tag stuck through the side. Once i have paid for them and got them home there is a prominant hole where the security tag has been stuck through the boxers, and TK Maxx state that they will not exhange or refund underwear.

It's not possible to check these items for damage before you get them out of the shop as the security tags make them impossible to take out of the box and inspect. My question is am i entitled to a refund as the goods have been sold faulty? Thanks for any advice.

4743hudsonj

leedslad wrote: »

I bought some Calvin Klein underwear from TK Maxx on Wednesday which were boxed with the security tag stuck through the side. Once i have paid for them and got them home there is a prominant hole where the security tag has been stuck through the boxers, and TK Maxx state that they will not exhange or refund underwear.

It's not possible to check these items for damage before you get them out of the shop as the security tags make them impossible to take out of the box and inspect. My question is am i entitled to a refund as the goods have been sold faulty? Thanks for any advice.

yes you are entitled to a refund or exchange

the only time this policy comes into play is when they offer additional rights for "changing your mind" etc

it does not override your statutory rights

neilmcl

Most shops that have voluntary returns policies, note I'm not talking about DSR as it doesn't apply, wont usually accept underwear being returned. However, you're not returning the item because you no longer want it or it doesn't fit, etc, it's being returned because there is a fault with it. So in this case the retailer must accept their legal obligation to refund due to the item being faulty.

The_Pedant

When purchasing goods, the buyer has a period whereby they 'accept' the goods. This is usually the time when you get the items home, inspect them, and ensure they conform to the required standards. All of this is enshrined by the Sale of Goods act.

As the item was boxed and security tagged, you had no opportunity to fully inspect the goods prior to purchase, or to be aware of the damage caused by the security tag.

If the hole really is that prominent then take them back, informing them that you are rejecting the goods, as they are not of the required quality, due to the damage caused by the security tag. You are then entitled to a refund or replacement.

Your statutory rights take precedence over their returns policy where goods are faulty, or do not otherwise conform to contract.

deanos

Are you sure its not the hole you use for having a pee ?

solodanceparty

You could have checked them right after you left the shop... But saying that, you just assume they won't have a hole in them...

Maybe they think you wore them, I think there are separate rules for things like undies.

leedslad_2

thanks a lot for the advice guys, i'll take them back when im in town on Tuesday. it's good to know that i have a good chance of getting an exchange as i can't be bothered arguing in store over it or travelling there for nothing!

hollydays

You will need your receipt.

Mankysteve

solodanceparty wrote: »

You could have checked them right after you left the shop... But saying that, you just assume they won't have a hole in them...

Maybe they think you wore them, I think there are separate rules for things like undies.

Not when it comes to soga

Bethmarie_2

i work at tk maxx and all i can say is that there is a super strict returns policy, as you may have gathered, especially with underwear. I'm probably aware this situation has been settle but for future note. Inspect items that have security tags especially with non refundable items. If they are not budging, say you will accept an exchange or refund on a store card... they tend to prefer that. But good news, soft tags will be coming in place soon. I hope that helps!

sarahg1969

Why are you dredging up ancient threads?