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Marks and Spencer Furniture Returns

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Just a warning for anyone considering purchasing Furniture from M&S. Purchased a coffee table, not a large item, online. When it was delivered my wife saw straight away that it was not as described. The colour of the wood in no way matched the description or the picture on the web. She wanted it returned only for the courier to state that there would be a £100 charge. She decided she would look at T&C and so the delivery team leave,
Phone call next day, yes its £100, she then writes a letter and at least 2 emails that went unanswered regarding can she return item making her own arrangements? Finally having some time myself I phone and insist on a decision regarding delivery. Their answer I'm not insured to deliver, what if things go wrong? Cannot arrange for another company to deliver either, This is for a coffee table!!
Unless you are absolutely 100% certain that everything will be OK with the good I really would not but furniture from M&S whilst these terms exist. Incidentally even using guidance from DirectGov and from this site Re Distance Selling and abiding by all terms did not move them from their T&C. Used to have an excellent reputation but not now

Comments

  • Azari
    Azari Posts: 4,317 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This makes no sense.

    The article was not 'fit for purpose' if the purpose was to get a coffee table that matched the image shown. It's their responsibility to sort it out, not yours.

    Just tell them that and to make arrangements to collect it and refund you.

    Put up with no nonsense!
    There are two types of people in the world: Those that can extrapolate information.
  • My problem is that they are refusing to recognise this state of affairs. 1 phone call,1 letter, 2 emails and no response at all. An extra phone call and they could not take the return charge off the refund but wanted the return money first, will then have to wait for refund. There are stores I might expect this from but until now M&S was not on that list. It is V poor service, but they have your money and have you over the proverbial barrel
  • Azari
    Azari Posts: 4,317 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ruffwood wrote: »
    My problem is that they are refusing to recognise this state of affairs. 1 phone call,1 letter, 2 emails and no response at all. An extra phone call and they could not take the return charge off the refund but wanted the return money first, will then have to wait for refund. There are stores I might expect this from but until now M&S was not on that list. It is V poor service, but they have your money and have you over the proverbial barrel

    Send them a letter calmly explaining the situation and that their responses have been unacceptable.

    Tell them that you will initiate a claim in the small claims court if they have not rectified the situation in 14 working days.

    It will help them concentrate their minds.
    There are two types of people in the world: Those that can extrapolate information.
  • mad_dr
    mad_dr Posts: 124 Forumite
    If this was purchased online, doesn't DSR apply? If so, exercise your right to a refund within 7 days. They are not permitted to claim an unreasonable charge for collecting it and nor are they allowed to prevent you from returning it yourself if they don't offer a collection service.

    I'm confused where the £100 charge comes into play. Is it an admin fee or something? If so, it needs to be 'reasonable' which £100 cannot be argued, is.
  • "They are not permitted to claim an unreasonable charge for collecting it and nor are they allowed to prevent you from returning it yourself if they don't offer a collection service."

    Under the DSR regs the retailer may charge the direct costs of collection to the customer. You may not be able to take an item back in person as, in this case, I doubt their returns warehouse has insurance for members of the public turning up, however the consumer, if arranging the return themselves, must take reasonable to care to ensure the safely of the good and that care ends once the goods are handed over to a delivery agent. However this is all with regards to change of mind.

    If the item is not as described call Head Office on 020 7935 4422 and ask for customer relations or a senior member of staff if they don't have a relations team. Tell them you wish to return under the Sale of Goods Act as the item is not as described, if they don't help you then send a Notice Before Action to Head Office marked to the attention of the Legal Dept and if they doesn't get them moving (which it mostly likely will) file online via the small claims procedure.
    In the game of chess you can never let your adversary see your pieces
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