Was not told item was non returnable at pos

Hi All,

I'm hoping someone can offer some advice on a dilemma I have encountered. Yesterday I purchased a Hungarian goose down duvet from Dunelm for £140! I walked in the store, picked it up, walked to the till, paid, popped the receipt in my purse, then put the duvet in the back of my car. On getting home my other half informs me I should have got the kings size and not the double, he also suggested I get a duvet cover etc to accompany it. This was to be a gift for the inlaws for their newly decorated spare room, for Xmas. So today I return to the store, pick up the king size which is £170, along with £50 worth of covers and cushions etc. Once at the till I unload the trolley, take out the receipt that hasn't moved since yesterday and explain I woud like to exchange the duvet please and make the additional purchases. She opens the box and looks inside, and claims its non returnable. I enquire why...because the box is open...but you have just opened it I exclaim!!! The deputy manager arrives, I explain the duvet has never left my car, that I don't want a refund and would like to spend more money. He tells me that duvets are non returnable if the box is open and that it says so on my receipt on the back and also there is a notice on the shelving. I tell him I haven't seen them, I made a quick purchase, as it's a very busy time of year, and shouldn't the lady have informed me it was non returnable ?? If I buy underwear or earrings I am always reminded that they are non returnable...but it was not policy to inform me verbally at point of sale on a £140 purchase!! This seemed incredulous to me! I insist the manager checks the CCTV because I argue how can he prove the box wasn't open as such when I bought it. ( it was not a sealed cardboard box, but the store put a sticker on it to 'seal' it) while I could see the point of the policy. My argument was that a) it is not enough to assume a consumer saw the tiny message on the shelve, (that was not near the product I bought), or would scan the small print on the back of my receipt, I should have been informed while purchasing that this item was non returnable if opened. The seal btw did not state this either and b) that as he could not prove it was closed as I could not prove it was open - the fact that I only wanted to exchange and spend more should have been considered.

He offered I call their customer services as they could override his decision, which I did in store, after a 19 min call the lady informed me she didn't have the authority to change the decision anyway because they couldn't see the item!!! Anyway the deputy manager refused to do anything and walked away...I returned to the area to shelving area out of curiosity to see where the signs were, the manager came to me once more at which point I cried as I felt so stuck, I have a gift that is useless and no means to purchase both items so close to Christmas and argue the toss afterwards. At this point he offered to discuss it with the manager tomorrow morning and call me back...

So I'm hoping between now and then someone could perhaps shed some light on whether I am stuck with this duvet!! I have to say tho I just don't get it!! If I bought a vest I could return it, if I bought jeans..I could return them ( no one knows if I went commando or not do they!!) Also earlier in the day I had bought a duvet from tkmaxx, which had a box that was completely battered, but on getting that one home I realised as good a bargain as it was, I couldn't really give it as a gift ..so that went back too ( and it was the wrong size lol) but no bother there just gave money back. Done!

Many thanks

Pea,x
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Comments

  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    You have no statutory right to return non faulty goods from a shop. Once you have bought them it's up to the shop and there personal refunds policy if you are allowed to return items you have bought.

    So you need to see what their return policy is (if they have one)
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unless actually written down (either as point of sale or on the receipt) you have no legal right to return items (opened or unopened) If it was faulty yes, but change of mind isn't a part of any consumer rights.
  • Hi,
    Thanks for the replies, the refund policy states items can be returned for refund or exchange for 28 days. In reasonable resaleable condition ideally with orginal packaging. There then is an exclusion to this which says items not included in the policy are duvets etc, for hygiene reasons, but does not specify anything further.

    I guess the issue I have is that at this time of year gifts are bought that are incorrect, I know that when I was in retail we had a seperate policy that lasted thru to January to cover this. Surely the fact the store lady opened the box and their flimsy sticker is no longer holding down the lid should not prevent an exchange? As they confirmed at the time if the sticker was intact it would have been exchanged - therefore how can they know if the sticker was intact before I left the store?!

    Pea,x
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Your overlooking the exclusion that duvets are not included.
    No retailer has to offer a refund if the item is not faulty or fit for purpose.
    If they do they are doing it as a good will guesture, some shops do but its not a consumer right.
    If the signs are there and you failed to read them using an excuse like you were in a hurry or its christmas does not change anything.

    I am suprised they were not able to compromise but its their choice.
  • Thanks Baza,

    Yes I know there was no obligation..I'm not disputing that!

    I requested an exchange for a more expensive item, not a refund. Which they would have done if their staff member had not opened the box!!

    The fact I didn't see the signs etc, which one could argue regardless as the sign was three inch by five inch on a display some twenty foot by at least seven foot...is not really the issue, because the only issue truly is the sticker which was no longer stuck down. By their own admission it was something they would have exchanged if the sticker was down, so the system is flawed because there is no way for the consumer to verify if they had a box with a adequate sticker or not.

    Btw, I never said I was rushing, I didn't. But Christmas is a reason, not an excuse, but a reason for the more likelihood of incorrect purchasing to occur. Wrong Size, wrong type, wrong brand etc..all taking with a pinch of salt at this time of year for people purchasing gifts.

    Pea,x
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Try calling the store or head office and explain your problem.
    They MAY offer to help.
    Tread carefull and they might cut you some slack.

    Best of luck and hope you sort it out, I would be anoyed too if it helps.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Its not useless, there is absolutely nothing wrong with giving your in=laws a double duvet as a gift.

    Just because your OH says it should be a king size, doesnt mean it has to be. A double duvet is more than edequate on a double bed.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    edited 24 December 2011 at 12:54PM
    And the moral to this story is:-

    Never do the Christmas Shopping for the inlaws, tell your other half to get out there and sort it out. The potential downside is too great compared to the potential upside....;)
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    Hi,
    Thanks for the replies, the refund policy states items can be returned for refund or exchange for 28 days. In reasonable resaleable condition ideally with orginal packaging. There then is an exclusion to this which says items not included in the policy are duvets etc, for hygiene reasons, but does not specify anything further.

    I guess the issue I have is that at this time of year gifts are bought that are incorrect, I know that when I was in retail we had a seperate policy that lasted thru to January to cover this. Surely the fact the store lady opened the box and their flimsy sticker is no longer holding down the lid should not prevent an exchange? As they confirmed at the time if the sticker was intact it would have been exchanged - therefore how can they know if the sticker was intact before I left the store?!

    Pea,x
    It makes no difference as you said it says duvets are excluded. The sticker is irrelevant.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    Just give them the double. It's for the spare room anyway.
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