Do you have to return faulty goods to the same store?

Kangarew

I bought a pair of jeans from Apricot store in London. The metal 'button' at top of flies fell off the first time I wore them. I know I'm entitled to a refund, but the problem is I live 1.5 hours away from the nearest store. I contacted Apricot via their website, and they said I can't return the jeans in the post, even though they obviously allow people buying stuff online to do this. They suggested I contact the store for my 'options'. The store say I can only get a refund if I return them to one of their stores. Does anyone know what my rights are?
Thank you in advance

gordikin

They are willing to refund you if you return the jeans to a store so they are not breaching your statutary rights. Their online and store businesses may well be being run as separate businesses.

Unintentional

Did you buy the jeans on a day out or something? Maybe ask them how long you have to return them and next time you go there. Take them with you?

wealdroam

When you spoke to the people in the store, did you discuss the possibility of perhaps returning the thing by post to the store?

NeilF3485

Yes, if they say you do. Many chain stores usually let you return to a different branch if it's convenient for you.

They won't let you return by post because store purchases and online purchases are completely different. That being said, you could call the store and ask if you can post directly to them (rather than online returns address). However; you'd still need to be present for a refund - if purchased by card they'll return to the same card, and cash will be cash.

On a more flippant note my answer is still yes: If you try to return these jeans to Tesco they'll probably not be interested.

derrick

Under SoGA
S48A
(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.

S48B for repair/replacement:-
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Now whilst S48B talks about repair/replacement, I cannot see it makes any difference to (2) (b) of the act,, and therefore the store should be liable for return costs, so I would mention this and tell them if they want the faulty goods back then they will have to pay for it whichever way they choose.

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