Tesco - SOGA doesn't apply to us

unholyangel

Hermione_Granger wrote: »

When crossing a road on a pedestrian crossing and the "green man" is showing, the person on foot has legal right of way over vehicles.

I wonder if the OP would setp out after seeing a speeding car that they thought wouldn't stop in time seeing as they would be in the right.

Whether right or wrong, that made me :rotfl:

Flyboy152

Hermione_Granger wrote: »

When crossing a road on a pedestrian crossing and the "green man" is showing, the person on foot has legal right of way over vehicles.

I wonder if the OP would step out after seeing a speeding car that they thought wouldn't stop in time seeing as they would be in the right.

What the flipping 'eck are you on? :huh:

Hermione_Granger

What the flipping 'eck are you on? :huh:

Just pointing out that thinking that you are in the right and trying to force the point isn't always in your best interest. (especially when you are mistaken about your rights).

The OP may have had the right to a full/partial refund or replacement depending on how the damage was caused, but Tesco didn't insist on enforcing their rights to investigate the damage.
Instead of this they offered a compromise of a gift card to the full value of the top.

The OP was adamant they wanted a full cash refund when they went to the store, something which at that point was not their legal right and all it has done is to have brought them stress and grief.

malc_b

Can I just point out that I object to the personal attacks. Non of you were there and this is also against forum rules. I wasn't asking for advice and given some of the advice given here is incorrect I wouldn't be sensible to take any either.

As I have said, yes it would have been sensible to accept the gift card and had it been handled differently then we probably would but from the outset Tesco was being difficult. As has been pointed the manager refusing to give his last name was probably just to annoy me. With names and pictures shown it hardly makes any sense.

They started the argument. We, as usual, were being very reasonable. There is no point is shouting as calm and reasonable wins more arguments. In response to their attitude I stood my ground and demanded a refund as was my right. That was in response to their attitude. Not sensible but sometimes you stand up for your rights (or just react when pushed enough, pick one). If nobody stood up for their rights where would we be and frankly on a site concerned with consumer rights it is strange that so many think I should have kowtowed. Yes it was only £8 but if you only fight the expensive battles then you establish the precedent of giving way 99% of the time.

On the question of whether a refund was due or not I think the law is on my side but I'd agree the definition of reasonable time is open so that could go either way. Repair or replacement is not possible so they should have offered some refund. Yes they could have said we are reducing this by x because you have worn it. Given that we could present dresses going back years we would argue that such a reduction should be 1 week in 10 years, say. 0.2% or 2p. Even if you say 5 summers you're talking only 1%, 8p. It's not significant. You should get 100 wears out of dress surely. If not how many? 50 wears, 16p? 25 wears 32p? It's really not significant.

As for the issue of washing damage then our proof would be that we have the same dress (as I mentioned) in a different material that had been washed many times to no ill effect. Clearly the material of this dress was not correctly pre-shunk before being turn into a dress. So it's a manufacturing fault and we reported this within 6 months and as soon as we found it.

The main issue as I see it is that Tesco are not correctly training their staff in SOGA and IMO some staff attitude also needs work but I'll be generous and put that down to not telling them about SOGA. My wife has seen similar returning tights (that came up just to the knees, and not Tesco). We can't take tights back. Yes you can as they are faulty. Etc.. The staff are confused as to the store returns policy and SOGA (something that Martin has raised). That was the main detail I was sharing.

unholyangel

malc_b wrote: »

Can I just point out that I object to the personal attacks. Non of you were there and this is also against forum rules. I wasn't asking for advice and given some of the advice given here is incorrect I wouldn't be sensible to take any either. If you didn't want advice and only wanted to rant.....surely you would have posted on the praise/vent board instead? I don't think I've seen any personal attacks. Saying we disagree and that we think you should've taken the gift card and spent it on the shopping that same day is not a personal attack. If you think it is, perhaps its better not posting on parts of the internet where people form their own opinions - opinions which don't necessarily echo your own. When posting on the internet, you need to be prepared for people disagreeing with you, its just part of life i'm afraid. I cant recall one single post aimed at you with any malice

As I have said, yes it would have been sensible to accept the gift card and had it been handled differently then we probably would but from the outset Tesco was being difficult. As has been pointed the manager refusing to give his last name was probably just to annoy me. With names and pictures shown it hardly makes any sense.

They started the argument. We, as usual, were being very reasonable. There is no point is shouting as calm and reasonable wins more arguments. In response to their attitude I stood my ground and demanded a refund as was my right. That was in response to their attitude. Not sensible but sometimes you stand up for your rights (or just react when pushed enough, pick one). If nobody stood up for their rights where would we be and frankly on a site concerned with consumer rights it is strange that so many think I should have kowtowed. Yes it was only £8 but if you only fight the expensive battles then you establish the precedent of giving way 99% of the time.

On the question of whether a refund was due or not I think the law is on my side but I'd agree the definition of reasonable time is open so that could go either way. Repair or replacement is not possible so they should have offered some refund. Yes they could have said we are reducing this by x because you have worn it. Given that we could present dresses going back years we would argue that such a reduction should be 1 week in 10 years, say. 0.2% or 2p. Even if you say 5 summers you're talking only 1%, 8p. It's not significant. You should get 100 wears out of dress surely. If not how many? 50 wears, 16p? 25 wears 32p? It's really not significant.For an £8 dress i would personally be surprised if it lasted a year. I have a cooker thats nearly 30 years old......bargain considering how many years use its had but that just means i've been lucky....it does not mean that all cookers should last this long and personally I'd expect a cooker to last between 3-10 years depending on the price I paid for it

As for the issue of washing damage then our proof would be that we have the same dress (as I mentioned) in a different material that had been washed many times to no ill effect. Clearly the material of this dress was not correctly pre-shunk before being turn into a dress. So it's a manufacturing fault and we reported this within 6 months and as soon as we found it.In a different material....you do realise that different garmets - even in the same material never mind a different one - can have different washing instructions? Some materials do shrink and go out of shape. I have several polo shirts that have to be constantly pulled back into shape. They werent cheap but i still wouldnt consider them faulty rather just displaying characteristics typical of the material used.

The main issue as I see it is that Tesco are not correctly training their staff in SOGA and IMO some staff attitude also needs work but I'll be generous and put that down to not telling them about SOGA. My wife has seen similar returning tights (that came up just to the knees, and not Tesco). We can't take tights back. Yes you can as they are faulty. Etc.. The staff are confused as to the store returns policy and SOGA (something that Martin has raised). That was the main detail I was sharing.Yes staff can be misinformed or completely clueless. And we are "all for" consumer rights. But given the circumstances of this particular thread, imo it was rather silly not to take the gift card. They were offering more than they had to and had they insisted on sticking exactly to the law and rights afforded under such laws - which is your reason for demanding a refund - you could have either ended up with less of a refund OR no refund at all AND had to wait for it. By all means exercise your consumer rights, but sometimes common sense should prevail

Like i've said, pick and choose your battles. There's no point fighting to potentially get less!