Can i claim money back when a store writes "non returnable" on a receipt

jay456

I recently bought an item from a vry well known department store and the item went faulty with 2 weeks of purchase, i returned it to the store and was told i could have an exchange as the item was faulty but would not be allowed to return it again, the manager wrote on the receipt "non returnable" the item has now developed another fault, i have been in touch with trading standards and have found out that by writing "non returnable" on the receipt my rights as a consumer have been restricted and this is actually a criminal offence
Does anyone know if i can now claim a full refund on the item and also if i can make a claim on the store for commiting a criminal offence against me?!!!

Hintza

If the item has a fault (and is new) then it is asumed to be a manufacturing fault for the first six months unless of course the shop can show the fault was caused by misuse, neglect etc. So what they have written is wrong.


As for your second idea of a criminal offence against the answer to that is no. (That is the polite version)

jay456

it isnt an idea its fact, as told by trading standards, if a retailer writes on a receipt an item is non returnable even if faulty its a criminal offence

aheaton46

Trading standards are correct. The store are attempting to deny your statutory rights, which is illegal. The Unfair Contract Terms act section 6 http://www.legislation.gov.uk/ukpga/1977/50 makes it an offence to exclude or restrict the Sale of Goods act http://www.legislation.gov.uk/ukpga/1979/54 sections 13-15 (which are the ones covering quality and fitness for purpose).

Go back to the store and demand a refund as you don't believe the item is fit for purpose.

lynzpower

Yes thats right. As I understand it yes the retailer should be giving you a refund.

Is this debenhams? they tried to tell me that I wasnt allowed a refund on sale items I bought online, this was a manager telling me this. I said you never heard of the distance selling regs and suddenly she rewinded/ rewound? and I got my refund

biscit

Doesn't it mean s/he only has statutory rights?

jay456

some great advice here, thanks, the store was Selfridges

Hintza

jay456 wrote: »

it isnt an idea its fact, as told by trading standards, if a retailer writes on a receipt an item is non returnable even if faulty its a criminal offence

You want to make a claim, is it compensation you are after?

maninthestreet

biscit wrote: »

Doesn't it mean s/he only has statutory rights?

....and the point of your question is???

stugib

jay456 wrote: »

also if i can make a claim on the store for commiting a criminal offence against me?!!!

It would be a criminal offence as in something TS could prosecute and take the company to Court and get fined (not that they would for one offence), not a criminal offence against you personally you'd be compensated for.

Equaliser123

aheaton46 wrote: »

Trading standards are correct. The store are attempting to deny your statutory rights, which is illegal. The Unfair Contract Terms act section 6 http://www.legislation.gov.uk/ukpga/1977/50 makes it an offence to exclude or restrict the Sale of Goods act http://www.legislation.gov.uk/ukpga/1979/54 sections 13-15 (which are the ones covering quality and fitness for purpose).

Go back to the store and demand a refund as you don't believe the item is fit for purpose.

s.6 UCTA does not create a criminal offence. UCTA relates to civil, not criminal, law.