Was not told item was non returnable at pos

somethingcorporate

Try a different Dunelm?

bod1467

Taking OP at her word, the box was sealed and so compliant with the store's returns policy. It was the ASSISTANT who broke the seal.

OP has a valid claim per the store's own returns policy IMHO.

irishjohn

Try and look at it this way - had the store pointed out it was non returnable when you were paying for it what would you have done or said? As you say "I made a quick purchase, its a very busy time of year" - would you have stopped and thought about whether a double was big enough or just gone ahead and bought it. It was your partner who decided it was too small, but it was 23rd December so not a lot of shopping around time left to get your in laws a present.

So as others have said, its for a spare room, a double size is sufficient and only 6 inches narrower, and less expensive. Content yourself with it and I am sure the in laws will love it. You have saved yourself another journey to Dunelm today and you have saved money. If you want to buy the cover etc you can pick those up anywhere - maybe even TK Maxx

Hope this makes good sense to you - and have a good Christmas!

Honeydog

Am I being dim?

Why did the muppety sales assistant not just confirm that SHE (or HE) broke the seal on the box?

Don't get it!

arcon5

bod1467 wrote: »

Taking OP at her word, the box was sealed and so compliant with the store's returns policy. It was the ASSISTANT who broke the seal.

OP has a valid claim per the store's own returns policy IMHO.

Op has also said duvets are listed as an exclusion to their policy. So doesn't have a valid case.

arcon5

xxsweetpeaxx wrote: »

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.

Your getting this the wrong way round -- it's not the stores responsibility to explicitly make surey ou know their returns policy -- it is your job as the consumer to ensure you know their policy BEFORE committing to the purchase.
This is particularly important where buying gifts or items suchas clothes.

That "tiny message" was made available to those interested in it. Which you wasn't.

xxsweetpeaxx wrote: »

My argument was that 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.

The fact he couldn't prove it was closed is irrelevant, you've already said the duvet is excluded from the returns policy.



At the end of the day you made a mistake by incorrectly assuming they accept returns on this product and now your mistake is reflecting badly on them, despite a returns policy instore being above and beyond what is required by law. Not all retailers accept returns (I believe GAME & CEX for example is one of these) so you can't just assume these things.

vicmorrow

Honeydog wrote: »

Am I being dim?

Why did the muppety sales assistant not just confirm that SHE (or HE) broke the seal on the box?

Don't get it!

Yes, duvets are excluded change of mind refund items...opened or not. Get it now?

Valli

xxsweetpeaxx wrote: »

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

And what their returns policy will also say, somewhere, is that Dunelm are giving you rights over and above your statutory rights - which are that they will exchange SOME non-faulty goods. They have a right to exclude, from this policy, whichever goods they need or choose to and for whatever reason. Or none.

They didn't SELL you 'incorrect' goods - you selected and paid for them. When I am buying gift items and I feel I may need to exchange them (for example, if they are duplicated) I ASK at POS if I can return it for exchange or refund later. Saves a lot of hassle.

bod1467

arcon5 wrote: »

Op has also said duvets are listed as an exclusion to their policy. So doesn't have a valid case.

Not quite. The wording as presented by the OP is somewhat ambiguous. However she has ALSO said that the store WOULD have accepted the return (exchange) IF the seal had NOT been broken. Ergo store has stated that the duvet (untouched, seal intact) IS included in the returns policy.

So the validity of exchange now lies in proving WHO broke the seal.

arcon5

bod1467 wrote: »

Not quite. The wording as presented by the OP is somewhat ambiguous. However she has ALSO said that the store WOULD have accepted the return (exchange) IF the seal had NOT been broken. Ergo store has stated that the duvet (untouched, seal intact) IS included in the returns policy.

So the validity of exchange now lies in proving WHO broke the seal.

The wording by op is in no way ambiguous. Infact it's quite explicit!

"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."

The returns policy (which requires items returned unopened) does not include duvets.

Op saying the store would have accepted it had the seal not been broken is somewhat irrelevant, accepting this would have been merely a gesture of goodwill and in no way a contractual requirement. And to who broke the seal, this is also irrelevant since they don't have to accept the return/exchange in the first place.

And to quote the actual policy by Dunelm, which again in no way ambiguous:

For hygiene reasons our returns policy and your cancellation rights under the Distance Selling Regulations also does not apply to the following categories: Mattresses, mattress toppers or protectors, duvets, pillows, blankets, or curtains where the heading tape has been pulled. Your statutory rights are not affected.

In summary, op has no rights and should next time check before buying!