Refund denied because of missing sales tags

hollydays

He was referring to Ladybirds references to statutory rights,which is wrong.

hollydays

Just to clear up a point.If she scanned the same jacket,in a different size,it is possible it will have a slightly different barcode? THis could be what you need to prove your point.

dan_l

hollydays wrote: »

He was referring to Ladybirds references to statutory rights,which is wrong.

I might of missed a post or something but Ladybird says the OP is entitled to a refund because the OP returned the item within 14 days.
As the returns policy states they accept returns if in a saleable condition within 14 days then this is an addition to the OPs stautory rights so the advice Ladybird gave is right, and the advice that the OP is not entitled to a refund because the item isn't faulty is wrong.

tomwakefield

dan_l wrote: »

Wrong, if a company have a returns policy that states they accept returns that are non faulty (which sounds like the case here) then in this situation you do have a right to return a non-faulty item.

But in that case, the shop is at liberty to impose whatever conditions they like (within reason) to the shopper returning the item.

In this case, it appears the terms for returning non-faulty goods include "in original condition" (or something like that). The shop presumably normally sells goods with tags on, the OP is trying to return something without tags so, as far as the shop is concerned, the most likely scenario is that the OP has removed the tags and therefore the goods are no longer "in original condition" and therefore, as far as they are concerned, the OP is no longer entitled to a refund.

The hurdle for the OP is to prove the item was bought without tags, therefore proving that it is still in the condition is was in when bought, entitling themselves to the refund based on the store's returns policy.

dan_l

tomwakefield wrote: »

But in that case, the shop is at liberty to impose whatever conditions they like (within reason) to the shopper returning the item.

In this case, it appears the terms for returning non-faulty goods include "in original condition" (or something like that). The shop presumably normally sells goods with tags on, the OP is trying to return something without tags so, as far as the shop is concerned, the most likely scenario is that the OP has removed the tags and therefore the goods are no longer "in original condition" and therefore, as far as they are concerned, the OP is no longer entitled to a refund.

The hurdle for the OP is to prove the item was bought without tags, therefore proving that it is still in the condition is was in when bought, entitling themselves to the refund based on the store's returns policy.

Yes I agree with that, my response was to the person who said that you cannot return faulty items, in this case that isn't the case, you can return items that are not faulty. The shop aren't refusing them because they aren't faulty, they are refusing them because they claim the tags are missing.

tomwakefield

dan_l wrote: »

Yes I agree with that, my response was to the person who said that you cannot return faulty items, in this case that isn't the case, you can return items that are not faulty. The shop aren't refusing them because they aren't faulty, they are refusing them because they claim the tags are missing.

But Ladybirds also said

Ladybirds wrote: »

Regardless of price tags, if you have the receipt then that is all you need.

which is wrong, as the lack of price tags is a significant problem, which suggests Ladybirds doesn't know the difference between statutory rights and contractual rights, and the implications.

Pollycat

dan_l wrote: »

Yes I agree with that, my response was to the person who said that you cannot return faulty items, in this case that isn't the case, you can return items that are not faulty. The shop aren't refusing them because they aren't faulty, they are refusing them because they claim the tags are missing.

dan_l

Which poster said you can't return faulty items?

Even some shops who do offer a refund 'just because you've changed your mind' have certain exclusions.

In Primark's case, it's underwear and even M&S don't give refunds on swimwear if the hygiene lable in the bottoms is missing.

I'm not sure what those 2 shops' policy is on items returned without tags.
Most places have phrases such as "in its original condition", "product as sold" or "saleable condition" on receipts.
And an item with the price tags cut off isn't any of those.

I don't think the shop is 'CLAIMING' the tags are missing.
The OP accepts that the tags are missing - it's who removed the tags (the assistant in the shop, the OP (who says he didn't) or maybe the jacket never had tags on in the first place).

dan_l

That part you have quoted is wrong information but that wasnt the part quoted by MankySteve.

Mankysteve wrote: »

No you don't there's no right to return non faulty goods.

This is the quote I was responding to, there is no mention of missing price tags, just that you have no right to return non faulty goods which in this case is wrong, the OP does have a right to return non faulty goods.

dan_l

Pollycat - post 17 - a post you have thanked

Pollycat

Ladybirds wrote: »

You are within your rights to get your money back as long as you returned it within the period of returns.

Mankysteve wrote: »

No you don't there's no right to return non faulty goods.

It depends whether Ladybirds is specifically referring to the particular shop that the coat was bought from or in general retail conditions.

It depends whether Mankysteve is specifically referring to the particular shop that the coat was bought from or in general retail conditions.

If Ladybirds means generally - she is wrong, wrong, wrong.

If Mankysteve means generally - he is right.