BHS won't refund

visidigi

Flyboy152 wrote: »

It must be a local thing to you, because I did a lot of shopping before Christmas and never saw such a sign. I have probably been a consumer for a good deal longer than you and I have never, ever seen them.

In your years and years (your statement not mine) you've clearly been walking round with your selected vision/opinion again on your own planet (as others have previously implied) for you to not have seen such signs...

Maybe you should've gone to specsavers :rotfl:

Flyboy152

unholyangel wrote: »

Care to link any case law or common law that backs up that theory of yours? I'm still waiting for you to provide proof for your far fetched understanding of "law" from around what? A dozen or so threads now? And if you take in the other members that have asked you to provide proof........I'm guessing that number would be around 100.

And yet you have not provided anything to prove the contrary. You are the one who is challenging my opinion, it is therefore incumbent upon you to prove your position. Such is the nature of debate.

Providing the store make the facilities available to refund within a month, they HAVE fulfilled the contractual agreement. Unless it says "we will exchange/refund immediately on any day",

The wording on the receipt apparently implies that. Doesn't it say something like, "return it during the next month and we will refund you?" I am pretty sure it doesn't say, "we will refund in a month," or "only when we feel like it," or "when it isn't a bit busy," does it?

there was no express or implied term with regards to returning on any day.

I think you'll find that, "we will refund you if you bring it back within a month" does actually imply that they will refund the customer, if they bring it back at anytime during that month

The OP would really only have a case IF they refused to exchange/refund because it was outside of the 1 month limit AND that OP would have been able to return within the limit had their tills been open for returns.

You'll also find that in most cases such as these customers will be told to ask in store/check online for full terms and conditions and/or that it is at the managers/stores discretion.

Where does it say in British Homes Stores's terms and conditions that they will not refund before 29th December? However, it is a material part of the returns policy and under your example of the "implied duty of care," they should inform the customer in any pre-contractual information of any changes to that policy

Remember, there is an implied duty of care in every contract. It could be reasonably argued that forcing the stores to accept returns on their busiest day/s is in breach of that statutory duty. And as we know well on this forum, statutory overrides contractual terms.

Indeed there is and it would be the duty of the store to discharge their liabilities under that said contract. If they wish to vary the terms, under that "implied duty of care," they must get prior agreement from the customer. That could be in the form of a sign at the till, but there doesn't seem to have been one.

Asking the store to carry out their duty under the contract is not "forcing" them to do anything unreasonable. It is not as if they didn't know they were going to be busy.

Morally, if they were quiet then they should have made an exception. But what is morally right and what is legally right is often 2 very different things.

There is nothing "moral" about it, it is their contractual obligation.

texranger

visidigi wrote: »

In your years and years (your statement not mine) you've clearly been walking round with your selected vision/opinion again on your own planet (as others have previously implied) for you to not have seen such signs...

Maybe you should've gone to specsavers :rotfl:

flyboy152 is on my ignore list due to his stupid responses.

i have seen many signs in many large retails stores regarding this, yes many smaller independants always seem to manage by having an extra till area setup with a staff member to handle these ( i am one that does this) but with the floosize of these large stores and the amount of staff its a wonder how they cant do a similar thing for refund/exchanges

Flyboy152

visidigi wrote: »

No, because if I was there I would have said its 100% guaranteed now wouldn't I.

As someone who had unfortunately had to be in a number of chain stores in the last week before Christmas I can say EVERY single one I shopped in said no refunds between XX and XX after Christmas due to sales.

This included HMV, BHS, John Lewis, Marks and Spencer, Debenhams etc.

For crying out loud they are NOT saying they won't refund, but due to logistics of the business they cannot refund for a few days - they are clear about this on all the tills in the above shops and they have also been this way for many years...

Well oddly enough, with the exception of HMV, I visited all of those stores before Christmas and never saw any such signs. I have asked Mrs Flyboy, her sister-in-law and brother, who are visiting us from the other end of the country and they have have never seen these signs either.

Flyboy152

George_Michael wrote: »

You've no chance of that happening angel.
When flyboy makes one of his ridiculous "legal" claims and is asked to provide proof of this, he either just goes silent or reverts to the "I can't proof that it's true, so I want to prove that it's not" argument.

https://forums.moneysavingexpert.com/discussion/3686931

And yet you still couldn't come up with anything, could you. Just because you believe it to be incorrect doesn't make it so, does it. Try using a bit of logic, that normally helps under these circumstances.

thespiderspeed

Can't say about the OP's store, but the BHS store I visited on the 23rd had a notice up about no refunds being available over the sale period and the changing rooms being closed as well.

This is generally standard policy in all stores now including M&S and Next.

powerful_Rogue

Flyboy152 wrote: »

And yet you still couldn't come up with anything, could you. Just because you believe it to be incorrect doesn't make it so, does it. Try using a bit of logic, that normally helps under these circumstances.

Same applies to you as well! You havent provided anything to back your claims up either!

What is that say about people in glass houses?!

unholyangel

Flyboy152 wrote: »

And yet you have not provided anything to prove the contrary. You are the one who is challenging my opinion, it is therefore incumbent upon you to prove your position. Such is the nature of debate.

:rotfl::rotfl::rotfl: It was YOU who was challenging MY posts. May i refer you to post 15 of yours in which you quote one of my posts and disagree with it.

"It is therefore incumbent upon YOU to prove YOUR position. Such is the nature of debate".


Practice what you preach flyboy. You do realise I am going to be quoting this post EVERY time you challenge another members own posts now, don't you? And according to you, it is the challenger that needs to provide the proof.......so let's have it Where is your proof?

Googlies_2

visidigi wrote: »

In your years and years (your statement not mine) you've clearly been walking round with your selected vision/opinion again on your own planet (as others have previously implied) for you to not have seen such signs...

Maybe you should've gone to specsavers :rotfl:

I have never seen such a sign!

unholyangel

powerful_Rogue wrote: »

Same applies to you as well! You havent provided anything to back your claims up either!

What is that say about people in glass houses?!

Oh sweetie he's not even in a house. He's on a whole different planet from us!