Quick questions on Consumer Rights

LilElvis

GrannyW wrote: »

Hi,
I bought my daughter a ring for xmas (over £100 but not paid for by credit card, I used my debit. Card), when I was buying it I explained that I didn't know my daughters ring size so checked with the sales assistant that I could exchange it for the correct size, the sales assistant confirmed this would not be a problem.

My daughter doesn't like the style and the ring is too big. I tried to take the ring back for a refund today and was told I could not be issued with a refund and that I could not have gift vouchers, my only option was a credit note, only valid at the store I purchased the ring from, and only valid for 6 months from today, which I 'opted' for

I purchased the ring on 23/12 and at no time during the sale was I made aware by the sales assistant of there being a blanket no refund policy, or the terms of the credit note.

This seems to be in breach of consumer rights, could anyone advise how I might proceed to getting the refund I feel should have been a simple return?

Many thanks guys.
W.

There is no right to a refund, either because you've changed your mind or you've purchased the wrong size. The store was generous in agreeing at the time of sale that they would exchange it for one of another size - they were under no obligation to do so - but that was the time to ask them whether they would refund if your daughter didn't like it. Paying by credit card wouldn't have helped as this only makes the card provider equally liable under the law and as the seller is acting lawfully they wouldn't intercede.

Fosterdog

GrannyW wrote: »

Hi,
I bought my daughter a ring for xmas (over £100 but not paid for by credit card, I used my debit. Card), when I was buying it I explained that I didn't know my daughters ring size so checked with the sales assistant that I could exchange it for the correct size, the sales assistant confirmed this would not be a problem.

My daughter doesn't like the style and the ring is too big. I tried to take the ring back for a refund today and was told I could not be issued with a refund and that I could not have gift vouchers, my only option was a credit note, only valid at the store I purchased the ring from, and only valid for 6 months from today, which I 'opted' for

I purchased the ring on 23/12 and at no time during the sale was I made aware by the sales assistant of there being a blanket no refund policy, or the terms of the credit note.

This seems to be in breach of consumer rights, could anyone advise how I might proceed to getting the refund I feel should have been a simple return?

Many thanks guys.
W.

There is no legal right to a change of mind return so if a shop chooses to allow returns for change of mind they can add whatever terms they want to the policy. Gift vouchers and a credit note are basically the same thing so if you are happy with vouchers why are you unhappy with a credit note?

There isn't really any need for them to make you aware of the change of mind refund policy terms as they are above and beyond your statutory rights so you should always assume there is no change of mind policy unless told otherwise as that is the default legal position.

It sounds like they would still happily honour their original offer of an exchange to a different size so they haven't gone back on their word there, it's not their fault that your daughter doesn't like the style you chose. There has been no breach of any rights here.

foxtrotoscar_2

Give your daughter the credit note and tell her she is free to choose something as your gift to her.

GrannyW

Thank you guys for the info.

Elleb19

Placed online order. Was in all day as were 2 other family members. Claimed tried and ailed to deliver...nobody came near the door. I contacted company said it wouldn't be back out today so I cancelled under DSR. Was told I can't as companies own rules is 15 mins after order or no cancelation is allowed. Surely they can't override the consumer laws with their own terms. any advice appreciated

targaid

I bought an item on spec because the website states "Free 14 day returns". No asterisk or link drawing attention to any small print, just "Free 14 day returns".

Now they're saying customer pays for shipping which I've now discovered is going to be £50! :eek:

Can they insist on this given the clear statement on the website? If not, it being a French company, where do I check rights for the EU?

JJ_Egan

You need to check French consumer laws .

targaid

I was hoping someone might be able to give a step for a hint of where to start that research or might have experience of already having done it, thus preventing me making false starts. I suppose stating the obvious could be construed as helpful somewhere. Not sure where, but somewhere ��

[Deleted User]

targaid wrote: »

I was hoping someone might be able to give a step for a hint of where to start that research

Google
(Do note the thread title and read the original post #1 from 2011)

Even under UK legislation, a consumer can be held responsible for the return costs incurred when cancelling due to a change of mind,

I suspect you'll have to pay for the return to France or sell it on yourself.

targaid

Indeed they can but the question I'm asking is if they can clearly state 'free returns' then charge for them? Surely there must be some legislation preventing that?