Tesco - SOGA doesn't apply to us

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assj wrote: »

All this over £2 did anyone forget this was a Tesco dress, a sale dress at that! £2.50 Max :-)

Perhaps making up numbers was the reason you got into debt. Or maybe you were happy to spend money on substandard goods, then buy them again rather than getting them fixed.

You have no idea how much the dress cost, and the OP is quite within their rights to seek a resolution.

Flyboy152

withabix wrote: »

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?

Err...principle, perhaps.

Flyboy152

unholyangel wrote: »

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?

Repair would have been impossible, I would imagine and if they have nothing similar to replace the item with, the only option left seems to be refund.

Flyboy152

Googlewhacker wrote: »

As stated you are not entitled to a refund, the remedy is the choice of the retailer and that can be repair or replacement before refunding if they so wish.

Next time maybe not be so quick on the draw huh!

The trouble is that repair would have been out of the question and if there was nothing to replace it with, it kind of limits the options.

Flyboy152

Unintentional wrote: »

Good for him. I wouldn't give customers my surname if they intend to complain about me. It's none of their business. I can be identified by my first name and the store I work at so supplying only my first name is sufficient.

And so inflaming the situation even more by being bloody-minded.

But asking your name in some situations like placing an order for a delivery is actually relevant. You had nothing to gain from asking his surname. I'm sure if you rang up and supplied his first name the store and his job title he could be easily identified.

If, as you have pointed out, the customer is intending to complain about you, the easiest way to make excuses, is that it must have been a different Unintentional.

Flyboy152

zzzLazyDaisy wrote: »

Ah! So it was a matter of principle.

Principles can be expensive. You could have had a refund (albeit on a gift card that you would then have had to hand in a few minutes later at the till, when you paid for your shopping). You refused this on principle, and now have no money and an uphill fight and a lot of stress in front of you.

Sometimes it is a good idea to work out what you want in real terms... return of the value of the faulty item... or .... to win a battle of words?

A gift note (for all intents and purposes, a credit note) is not a refund.

There is nothing wrong with having principles, it is what rights are based on.

Flyboy152

scheming_gypsy wrote: »

To you maybe, but a dress bought at the end of summer could have been worn numerous times before October. Just because somebody tells the shop that it was worn once and washed properly, doesn't mean it's the truth.

But it would be up to Tesco to prove that the OP was lying. Simply guessing is not a good strategy.

Flyboy152

CynicalScotsman wrote: »

A reasonable time to reject goods could be as little as 14 days. Im also sure, it is recommended that clothes are washed prior to use, therefore it wouldn't matter if it was sunny or not, as you washed it within a reasonable time of purchase? Yes?

Recommended by whom? I have never been advised to do that.

It could be argued that, if the goods were not used until the holiday, that the reasonable time could be "extended" until the time of use. For example, if one purchased skis in June, for a winter holiday, it could be reasonable to reject them, if they turned out to be faulty when first used in December.

To be honest, perhaps the only reason for the clothes shrinking was deemed to be owner misuse? Did you have the washing at the right settings? Were you supposed to use a tumble dryer? It could have been the manager did not agree there was a manufacturing fault and was offering you a gesture of goodwill?

It doesn't matter one jot whether the manager agrees with the OP or not, he has to prove that it was the OP who caused the damage.

I wouldn't give you my full name either... you could be a psycho stalker (not the first time). Im sure name badges is most stores only have their first name on for a reason nowadays?

Oh, don't be so melodramatic. If the OP was a stalker, or a psychopath, it wouldn't take much for him to find out the full name of the manger, seeing as Tesco have their photographs, with their full names written underneath, posted behind the customer disservice desks.

Flyboy152

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??

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.

No it isn't, it is a credit note, which is not acceptable as a refund.

Flyboy152

Gordon_Hose wrote: »

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.

What might be an idea, is that you show us in what part of the Sales of Goods Act, it says that a gift card is acceptable as a refund.