Tesco - SOGA doesn't apply to us

ThumbRemote

The OP has been entirely right in their actions so far (albeit you might say foolish in not taking the gift card). The store manager has attempted to ignore the law.

It may be considered too late to reject the item, though that is a moot point. The store manager has two choices:
1) Accept the item is faulty, in which case they can offer a repair, replacement or refund. The only option available to them is a refund as the dress cannot be repaired or replaced.
2) Refuse to acknowledge the item is faulty, in which case it should be sent away for a report to determine this.

I really don't understand why some posters - pendulum and Googlewhacker in particular - feel obliged to try and argue about rejecting the item, when it's clear that the store manager acted unlawfully whatever the scenario.

Gordon_Hose

The store manager offered a refund in the form of gift card (as good as cash) to the value of the dress. How has he acted in any way unlawfully??

I think I might go wash all my sh*t at 90 degrees, so it shrinks and go get refunds from all the shops I've bought from.

Get a grip.

ThumbRemote

Gordon_Hose wrote: »

The store manager offered a refund in the form of gift card (as good as cash) to the value of the dress. How has he acted in any way unlawfully??

If you can't see that a gift card is not as good as cash, then you need to read up on consumer legislation. The only case a gift card would be acceptable was if the item was purchased on a gift card in the first place.

Gordon_Hose wrote: »

I think I might go wash all my sh*t at 90 degrees, so it shrinks and go get refunds from all the shops I've bought from.

If you take items back to a shop within 6 months it is up to them to demonstrate misuse. They will then not give you a refund.

Gordon_Hose wrote: »

Get a grip.

I can only apologise for discussing the legal status of consumer rights on a forum entitled 'Consumer Rights'. I was unaware that your tenuous grasp of the law was, in fact, more important than the law itself.

alleycat`

If you want to know the store managers name go to the front and look at the nice picture with the full name under it.

I don't shop in tesco, but i know that asda, sainsburys, netto (as was) and morrisons all have the details of them at the front of the store (usually with first aider, deputy manager, and a few others).

I doubt tesco differ from this and the refusal to give a name seems somewhat daft in that case.

I think they also have to display the managers name for the license to sell alcoholic drinks too.

Googlewhacker

malc_b wrote: »

Yes I meant to right sun dress i.e. a light dress suitable for when the sun shines. And of course I had the receipt.

As for SOGA "If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is."

It is only a reasonable amount of time to check the product actually works and is fit for use....storing it for 5 months and then using the product would not fall under reasonable.
In this case the dress was bought too late to wear in UK, it was an end of summer sale after all. It was first worn on holiday then washed once on return at which time it shrank. That was the first time the fault revealed itself. By any definition the dress is faulty and was faulty at manufacture therefore SOGA allows me to ask for a refund. I'd agree that this depends some what on how you define the reasonable time but in this case, i.e. a dress bought for holidays, my opinion is that that is a reasonable time.You can ask all you want, however the remedy is down to whatever is the cheapest option for the store and as such they can choose to repair, refund or replace at their convenience

But lets fall back to repair, refund or replacement. They sold off the dresses in the sale and this is likely to be a material fault so the same dress is likely to have the same fault. Either they'd be giving us another faulty item or more likely they don't have one so that rules out repair and replacement leaving only refund.
I agree if they cannot repair or replace then they must refund but that was not what you said originally
So either way it comes back to a refund. What Tesco was offering was a credit note which it not in SOGA. It is repair, replacement or refund.

And yes practically speaking I should tugged my forelock, said thank 'ee sir and taken the credit note. However, I like to stand up for my rights. Letting bad service go only encourages it. If the store has said "is it alright if I give this on a gift card" then most likely I would have said yes. But it was an uphill battle even to get them to accept that shrinking 5in was not of satisfactory quality and the dress was faulty. They were really out to deny everything which just put my back right up and then they said we can only give it as a gift card.

As for the manager's full name it is the first time that I've ever had that. Usually when dealing with store people if you ask there name they tell you. I suppose the question is best put to Tesco head office, "why don't your staff give their full name when asked when you want to complain about their service"?

I don't give out my surname, there is no need to have surnames given out. I give my first name and my position...that is sufficient.

Googlewhacker

ThumbRemote wrote: »

If you can't see that a gift card is not as good as cash, then you need to read up on consumer legislation. The only case a gift card would be acceptable was if the item was purchased on a gift card in the first place.

Not technically true, if the store is willing to help a customer out when they have lost their receipt/POP then a gift card is more than adequate as it goes beyond what they need to do considering the customer cannot prove the item was purchased

If you take items back to a shop within 6 months it is up to them to demonstrate misuse. They will then not give you a refund.




I can only apologise for discussing the legal status of consumer rights on a forum entitled 'Consumer Rights'. I was unaware that your tenuous grasp of the law was, in fact, more important than the law itself.

Yes I am being a pedant

Gordon_Hose

ThumbRemote wrote: »

If you can't see that a gift card is not as good as cash, then you need to read up on consumer legislation. The only case a gift card would be acceptable was if the item was purchased on a gift card in the first place.



If you take items back to a shop within 6 months it is up to them to demonstrate misuse. They will then not give you a refund.




I can only apologise for discussing the legal status of consumer rights on a forum entitled 'Consumer Rights'. I was unaware that your tenuous grasp of the law was, in fact, more important than the law itself.

There is no law that states they MUST give you a refund. Repair, replace, refund. At the discretion of the retailer.

In this instance the retailer would have replaced it, but they didn't have it in stock, so a gift card is perfectly adequate.

halibut2209

No it isn't. You might as well say "they didn't have it in stock, so here's a bag of pic 'n' mix to the same value". A gift card is NOT the same as a refund or replacement. It's a very simple concept.

Gordon_Hose

Maybe not (I don't agree with you), but they are under no obligation to issue a cash refund. If pick n' mix is an alternative accepted by the customer then there's nothing wrong with that. Tesco were quite within their rights to phone another store and get a replacement dress sent across from there. They were quite within their rights to offer any other dress of the same price, if more expensive then the customer pays the difference.

Same as if you buy a car and it's faulty. They have to be allowed to repair it in the first instance, if they can't they can offer a replacement of the same value.

Same as if you bought a TV and the screen failed. They can send it away to be repaired.

Only when those avenues have been exhausted are you entitled to a refund.

As an example... we bought a travel system from Mothercare 8 months ago prior to the birth of our son. Last month the front wheel kept getting stuck making it difficult to use. We took it back to Mothercare who, quite rightly, said they'd send it away to be repaired. We got a loan pushchair in the meantime.

Nobody has the right to an immediate refund. Most retailers will give a full refund within 28 days, but that is only a courtesy.

Googlewhacker

Gordon_Hose wrote: »

Maybe not (I don't agree with you), but they are under no obligation to issue a cash refund. If pick n' mix is an alternative accepted by the customer then there's nothing wrong with that. Tesco were quite within their rights to phone another store and get a replacement dress sent across from there. They were quite within their rights to offer any other dress of the same price, if more expensive then the customer pays the difference.

Same as if you buy a car and it's faulty. They have to be allowed to repair it in the first instance, if they can't they can offer a replacement of the same value.

Only when those avenues have been exhausted are you entitled to a refund.

As an example... we bought a travel system from Mothercare 8 months ago prior to the birth of our son. Last month the front wheel kept getting stuck making it difficult to use. We took it back to Mothercare who, quite rightly, said they'd send it away to be repaired. We got a loan pushchair in the meantime.

Nobody has the right to an immediate refund.

You can if its within the reasonable period...