'Shop staff quoted nonsense rights at me...' blog discussion



  • smala01
    smala01 Posts: 154 Forumite
    Any idea where you stand in terms of returning to another branch of the store under the SoG act? A friend of mine is embroiled in a long argument with a high street store as she bought a top for her niece while on a trip to london. Top clearly has a sticker on it and a label attached with one of those plastic thingies that you have to cut off, saying that the top is size medium. But when they got the top home and niece tried it on it was obviously small, confirmed by the stitched in label inside. Friend was going to cut her losses until I told her I thought she had the right to return it under SoG act (obviously not as described on label!) so she took it back to our local branch of the store only to be told she'd have to return it to the branch she originally bought from and even then they didn't think it'd be exchanged or refunded!

    A trip to London is a 400 mile round trip, so no chance of exchanging it any time soon. I feel she still has a case (has the receipt, so proof of purchase) top has obviously never been worn, but she wants to give up.

    This is very amusing:)

    1) Firstly ensure you talk to someone else - other than the muppet you first talked to.

    2) If you still have no redress telephone head office, hopefully there will be a braincell in that office

    3) Thirdly - and now we get legal. The Sales of Goods act has a provision for you to claim reasonable costs incurred by you to return the product back to the store.

    Write to the retailer stating that you are are happy to return the product to the london store, but you demand the costs to do so otherwise you will persue the matter through the courts.

    Tell them to avoid this cost you are more than willing to return to your local store.

    4) Sue them in the small claims court. The hearing will be held in your local town.

    And please name and shame!!

  • rickbonar
    rickbonar Posts: 448 Forumite
    Yes name and shame it's the only way to warn other customers to go elsewhere.
  • MoneySavingMamma
    MoneySavingMamma Posts: 420 Forumite
    edited 2 July 2011 at 11:08PM
    I bought a pair of shorts from Bay (now gone!) and wore them on a night out. 2 buttons fell off during the night & I was lucky they stayed up! Washed them (as had been worn 6hrs+ - I have more respect for shop staff than to subject them to this!) and returned the same week. Said I wanted a refund as there were no others there, she said 'No, we can't refund washed clothes' I explained I did it for hygiene reasons and had just worn the once, she didn't care & I had to exchange for something else. Please tell me she was wrong, I'm SURE she was.

    On the subject of gross returns, when I worked at Debenhams a cross&snooty mum returned a prom dress her daughter had worn because the material hadn't held up well after 1 night of wearing (like a grazing on the back) later when we had to take details off the label for paperwork, we noticed 'stains' inside which can only mean the young lady 'enjoyed herself' in a certain way with a young man!! YUK!!!!:eek::eek:
    :j - DS - 7
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  • gadgetmind
    gadgetmind Posts: 11,130 Forumite
    First Anniversary First Post Combo Breaker
    Far too much information!
    I am not a financial adviser and neither do I play one on television. I might occasionally give bad advice but at least it's free.

    Like all religions, the Faith of the Invisible Pink Unicorns is based upon both logic and faith. We have faith that they are pink; we logically know that they are invisible because we can't see them.
  • culpepper
    culpepper Posts: 4,076 Forumite
    we have had 2 separate incidents where IT retailers have tried to reject our returns of faulty goods.
    1 was a hard drive that was 3 months old and died. The store said we had to get a replacement direct from the manufacturer in Korea who pointed out that it was sold under the stores label and so the store were responsible themselves, although they were happy to replace if we wanted to ship it to them .We had to write to the company's head office before the store would replace the drive themselves.
    The other was a netbook bought in the sale which kept crashing. The shop tried to tell us it was only obliged to try to mend it and if it was found to be a fault of our own, they would charge.
    Both times OH quoted the sale of goods act and that was the clincher.
  • rickbonar
    rickbonar Posts: 448 Forumite
    gadgetmind wrote: »
    Not his decision to make. You are rejecting them under the Sale of Goods Act, and they are legally obliged to give you a full refund.

    Quite right!

    I think in this situation especially where they're trying to make it as awkward as possible... call the Police to the store.. it's your right and this manager should be on their way to a well earned sacking.
  • mel3
    mel3 Posts: 19 Forumite
    I used to work in retail and received the bare minimum in training and generally the training revolves around cash taking. I was promoted to assistant manager and even then my training only consisted of learning how to cash up. I did my own research online about the rights of return etc but without any guidance I probably still didn't get it completely right! Shops need to wake up and realise that there is more to running a shop than just taking money.
    I haven't worked in retail for a few years now so perhaps thing have improved but I highly doubt it
  • storm_uk
    I have another issue if anyone can help.

    I purchased a cricket bat for £200 from a retail sports shop and at the same time paid an additional £25 for the bat to be knocked in. (For the uninitiated, a cricket bat needs to be 'knocked in' before it is first used, meaning it needs to whacked with a wooden mallet for about 8 hours to harden up the wood. Rather than do this myself I paid the shop to do it themselves.)

    After taking delivery of the bat it then got a large split in it the second time I used it. I returned it to the shop who returned it to the manufacturer, who agreed to give the shop a replacement bat. I wanted the replacement bat knocked in again, thinking the shop would do it for nothing, but the shop charged me £25 again.

    My argument is that I paid for a knocked in bat, so the replacement should be a knocked in bat. The shop seem to regard the two as separate services and insisted on charging me again for the knocking-in service. (Bizarrely, they also said they were giving me a 'discount' by not charging me their £7 mailing costs for returning the bat to the manufacturer - surely I would not liable for such costs under the Sale of Goods Act anyway?!)

    But the key question for me relates to the knocking in service - should I have to pay for it again or not?

    Grateful for any advice.
  • onlineo
    onlineo Posts: 46 Forumite
    I bought a wool jumper from Debenhams (Sheffield Meadowhall) about 3 weeks ago in the sale. 2 strands of wool were hung loose, so it looked bad, however my girlfriend knew she could fix it in less than 5 mins. As it was the last one in the store I bought it and got a £2.50 discount. Anyway the sales women then scribbled all over both labels inside the jumper and told me I could not bring it back under any circumstances, which makes me feel like I'm wearing a really cheap jumper.

    Had I known she was going to scribble all over it so as to prove to me I couldn't return it I wouldn't have bought it.

    Anyway Im over it now, just wont shop there for a year or two.
  • rickbonar
    rickbonar Posts: 448 Forumite
    edited 7 July 2011 at 12:07PM
    Yes but you did buy it from Debenhams Sheffield.

    And you bought with the understanding that it was a seconds item or did you?

    But suppose it developed some other fault then surely you could take it back on those conditions.

    What was the original price before the £2.50 discount?

    If someone scribbled over the labels I think I would want my money back there and then.

    I think they shouldn't be telling you can't bring it back because or sale it still breaches the sale of goods act.

    Now why aren't the Police and trading standards office issuing court procedings right now?
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