Tesco - SOGA doesn't apply to us

malc_b

So here is the story. My wife buys a sun in the end of July sale for our hols in Oct. Comes home and washes it and it shrinks 5in. No longer a dress (unless you want to get arrested!) it's a now top. We take this back to Tesco (Bristol) with another dress of the same type, but different pattern. My daughter has this one and it's been washed many times with no shrinkage. Go to customer returns with the receipt and show the one dress against the other to prove the shrinkage. So what's the problem. It's clearly faulty manufacture, it's within 6 months too.

Much sucking of gums. Can't refund this, it's over 28 days, have to call a manager. OK. He'll know SOGA of course. More shaking of head, in fact I'd describe the attitude as smarmy and arrogant. We can offer you a gift card. But SOGA says I'm due a refund and that's what I'd like. Can't do that. So you are saying you are NOT going to comply with the law then? I don't have to give a refund. Yes you do its the law. No it's just a guide. What, it is the law and you're breaking it. Do you want the gift card. No I'd like your name and contact details for you head office and I intend to complain about this.

He refused to give me his last name. Said all he had to tell me was his first name and he was the only xxx in this store. I wonder if that is in fact legal. Don't you have right to know the name of the person who served you? So you can complain. The stores ask for customer's names all the time so if they have a right why isn't the reverse true. Anyone shed any light of that?

Of course I have emailed head office to complain so we'll see what comes of that. It was particular stupid behaviour on the manager's part. We walked out not having spent anything when in fact we had a lot of shopping to get. Morrison's got the custom instead. If it wasn't for the fact that the other staff recognised him the conspiracy theorist might thing he was really a manager at ASDA moonlighting just to t-off Tesco customers so they'd shop elsewhere.

System

when did you take it into the store ? back in October or in the last few days or so

bris

It's not the law to refund you if they have a replacement, they can do that, do they have another one? You don't have an automatic right to a refund, maybe you should also have a good read at the SOGA.
What law would state you need to know a persons name, if head office want to investigate it then they would make their own inquiries, and the deem it appropriate, discipline the member of staff involved, that would be an internal matter.

Gordon_Hose

http://whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/

http://whatconsumer.co.uk/buying-clothing-and-footwear/

They are within their rights to offer repair, replacement or refund.

Mark_Hewitt

You bought a sun and then washed it? Since when did you wash newspapers - I've heard of ironing them, mind.

zzzLazyDaisy

As you had a lot of shopping to do, which you intended to do in Tesco anyway till they nissed you off - why didn't you just accept the gift card and present it at the till for payment? Instant refund!

Am I missing something?

withabix

The manager was wrong, but why on earth didn't you accept the gift card if you were going to shop in the store anyway?

Hazel1980

A sundress?

Mark_Hewitt

Hazel1980 wrote: »

A sundress?

Well that's a new one on me

unholyangel

A shop may ask for your name and address, that doesnt mean you're required by law to give it.

They are entitled to offer a repair, replacement or a refund (and the refund can be partial to take into account use you have had of the item). The consumer cannot demand a full refund unless they are rejecting it outright under SoGA and within a reasonable time. I'd say 2 months from discovery (never mind 5 months from sale) would definitely be outwith a reasonable time. Meaning you technically have no right to demand a full refund.

Also just to ask, did you provide proof of purchase? If you didnt, then they are perfectly within their rights to offer a gift card. And given that the refund could have been partial, a full refund on a gift card that you could have spent on the shopping is surely better than a partial refund?

pendulum

malc_c, I am afraid you're one of these difficult customers that every shop worker hates. You've gone in demanding rights you simply don't have, and then refused their reasonable gift card offer (which would have suited you down to the ground) but you rejected this "on principle" because you thought you were entitled to a cash refund when you weren't. Perhaps go back, apologise and accept the gift card which is as good as a full refund anyway.