Refund denied because of missing sales tags

cubehopper

I bought a £500 jacket the other day which I wasn't sure about on the understanding that I would be able to get a refund if I changed my mind within 14 days. I was ready to walk away but the sales assistant convinced me to try it on at home.

After 2 days I decided I didn't want it and took it back only to be denied a refund by the manager because the price tags were missing. I was certain there were no price tags on the jacket because I didn't remember seeing any and the person that served me got my size jacket from the back.

The day after I got a phone call from the store and the sales assistant said she remembered me and was adamant that I told her to cut the tags off because I "wanted to wear the jacket out that evening" which is a blatant lie. My friend was there with me and is as shocked as I am to hear this.

What are my rights? I paid by credit card, can I get the card company to pursue this on my behalf as the store is not cooperating.

sjbrun

I dont think you have any rights to return anything thats not faulty.

Sales Assistants often serve lots of people so she may have got you confused with someone else.

Where does it say about the 14 days? Does it say that tags must be attached? - Shops have changing rooms to make sure clothes fit, I dont think you have any legal right to return it if they had changing rooms, its just their customer service if they let you. You could ask for a store credit?

fluffnutter

Hmm, a hard lesson learnt I think. Basically the sales assistant was pretty disingenuous just to get you to buy the jacket. When it came down to it, the manager simply wasn't prepared to honour what you had been told. Unfortunately, the refund would have been discretionary anyway as there's nothing wrong with the jacket so no law allowing you to return it.

One point though... why does a shop have your phone number?

cubehopper

The receipt says I can get a refund within 14 days provided the item is in a saleable condition, which is what I was talked into doing. There was also a notice on the sales desk.

The sales assistant that served me wasn't available when I went back so the manager took my number to save me having to wait.

I was the last customer of the day when I bought the jacket and the manager said she was able to describe me accurately.

Thanks for your responses, I'm really hoping this doesn't have to be a tough lesson learnt. This happened in a London department store so I might just try writing a letter to the head office. I've never come across such a ruthless sales technique.

tomwakefield

fluffnutter wrote: »

Hmm, a hard lesson learnt I think. Basically the sales assistant was pretty disingenuous just to get you to buy the jacket. When it came down to it, the manager simply wasn't prepared to honour what you had been told. Unfortunately, the refund would have been discretionary anyway as there's nothing wrong with the jacket so no law allowing you to return it.

No statutory right, perhaps, but if they have something in their terms and conditions that allows returns of non-faulty goods as long as X, Y and Z are done then, provided the purchaser does comply with X, Y and Z the shop are legally obliged to refund as the right to a refund is part of the contract.

However, in this case it'll be tricky, as one of those terms tends to be something along the lines of "in the same condition that it was bought" which is down to the discretion of the shop in cases where it appears like the product isn't in the condition is was bought in (it's unusual to not be sold with tags as these tend to be where the barcode is when scanning the product at the till) so you'd be hard pressed to prove it was sold without them.

DCodd

Surely this comes down to the wording on the receipt and the sign on the desk? If neither say "terms and conditions apply" then the signs should be taken at face value?

hollydays

If it had no tags,how would they know the price to charge you?

cubehopper

The pivotal issue here is the fact that the sales tags were missing. The manager said he would have been happy to otherwise issue a refund, or even attempt to re-attach the tags if I had them, but stated that they would only cut off the sales tags if the customer insisted.

The sales assistant was adamant that I told her to cut the tags off which was certainly not the case, so it's my word against hers.

cubehopper

hollydays wrote: »

If it had no tags,how would they know the price to charge you?

Hollydays, the jacket on display wasn't my size so the assistant brought one out from the back. I vaguely remember there being no tags on it at the time and I didn't question it because I thought it was fresh from the factory yet to be tagged. I think she scanned the larger jacket at the till (and put it back on the hanger as I was leaving) and I don't remember her cutting any tags off my jacket. As I mentioned earlier, I informally agreed with her that I'd bring the jacket back for a full refund within the 14 day window if I was unhappy with it.

WhenIGrowUp...

If it's a department store there will be CCTV covering till areas - might be a bit of a hassle but you might be able to request to see the assistant cutting off the tags?

JimmyTheWig

I'd be tempted to take it to small claims court.
It's your word and your friend's word against the shop assistant.

If you decide to go down this route, then inform them imediately so they have a chance to keep their CCTV tapes. if they are right then this should show the sales assistant cutting out the tags after speaking to you. It will also see her scanning the barcode on the tag.
If they are wrong then they will probably claim that they don't have the tapes. I would have thought that the quicker you inform them of your intentions the more suspicious it will seem that they don't have the tapes.
The it will be your word, your friend's word and the lack of CCTV tapes against the sop assistant's word.

Obviously if you are in doubt about whether you might have actually said for her to cut the tags out then don't go down this route!