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No refund without the box?

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I bought a pair of boots today. When at the till, I asked the sales assistant if she could take them out of the box so they were easier for me to carry. Whilst she was happy to take them out of the box for me, she said I would lose my right to return them if they were faulty if I didn't have the box.

Is this right under the sale of goods act?

Or is this just a ploy to shock us into disposing of their trade waste for them?

Don't actually want to take them back but curious to know for future reference. This was a major high street department store.
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Comments

  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    ScottySmog wrote: »
    I bought a pair of boots today. When at the till, I asked the sales assistant if she could take them out of the box so they were easier for me to carry. Whilst she was happy to take them out of the box for me, she said I would lose my right to return them if they were faulty if I didn't have the box.

    Is this right under the sale of goods act?

    Or is this just a ploy to shock us into disposing of their trade waste for them?

    Don't actually want to take them back but curious to know for future reference. This was a major high street department store.

    If you were returning them as they were unwanted then they could impose those restrictions, but you are quite right, they could not demand the packaging was returned if the boots were faulty.
  • Thanks for the quick reply OlliesDad.

    Maybe she was only referring to a return if I changed my mind - I should have clarified this.

    Unfortunately when I click the "thanks" button, it doesn't seem to acknowledge this so I'll post a quick thank you instead.:beer:
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    ScottySmog wrote: »
    Thanks for the quick reply OlliesDad.

    Maybe she was only referring to a return if I changed my mind - I should have clarified this.

    Unfortunately when I click the "thanks" button, it doesn't seem to acknowledge this so I'll post a quick thank you instead.:beer:

    No problem!! :beer:
  • newbie1980
    newbie1980 Posts: 2,016 Forumite
    Part of the Furniture Combo Breaker
    about a month or so ago my mum went to asda with a faulty kettle water spilling everwhere
    she had receipt but they said there policy was no no packaging no refund or replacement
    this once they would replace as it was not long been ouit
    my mum said they best let there customers know whenb vuying or they would not know
  • choille
    choille Posts: 9,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Shoe shops used to ask if you wanted the box a while back, as if they only had a limited amount. Same with coat hangers now - they want you to take them.
    I wouldn't think it should affect your right to return faulty goods.

    You don't buy a thing for the box, but what's inside it. Does this apply to washing machines, ovens, fridges? I think not.
  • ChrisCobra
    ChrisCobra Posts: 1,647 Forumite
    You dont need the box in Sweden anyway , i returned a whole vacum cleaner with no box :)
  • Esqui
    Esqui Posts: 3,414 Forumite
    If they really need to send them back in a box, they can use the box from the replacement.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 29 November 2009 at 10:18PM
    Alot of shops try this on, but then most sales assistants don't understand the sales of good act, nor the fact that a "warranty" is not the same as your legal rights and the warranties expriry does not stop you useing those rights.
    Any return due to you change your mind, it doens't work exactly how you expected (as long as it has not been miss described) it down to the shops own rules and is their decision. Return of faulty goods is down to the law. If it is faulty and you can prove you bought it there (not just a receipt a bank/credit card statement can be enough). A product needs to last a "reasonable" time, in law NOT JUST TO THE END OF THE WARRANTY.
    So say a TV/fridge freezer at say £500-£600 you could go to court and argue should last maybe 5 years. A kettle or a small item at £20 most people would say should last say 2 years.

    Will probably have to argue it out and may have to do it via head office via letter and at the extreme make threats to take them to the small claims court, and possibly even take them to court. If it went as far as court without settlement (h.unlikely but always possible) the judge would look at if it is "reasonable" that the item only lasted the amount of time it did completely seperately to any warranty.

    The shops rely on fobbing people off and us not understanding our legal rights , warranties are there to muddy the waters. But most of us would probably give up on a £20 kettle going just outside the warranty as the time and effort isn't worth it. But a big item is defo worth arming yourself with the law and pursuing. Defo no box required for faulty goods, the sales assistant does not understand her job.

    ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I think they get confused sometimes Between the return of faulty goods and non faulty defo nothing saying in SOGA that the item has to be boxed for return of faulty item.
  • jazabelle
    jazabelle Posts: 1,707 Forumite
    ChrisCobra wrote: »
    You dont need the box in Sweden anyway , i returned a whole vacum cleaner with no box :)

    How relevant.
    "There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden
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