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Christmas clothing returns

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dr_nick_uk
dr_nick_uk Posts: 16 Forumite
edited 29 December 2011 at 1:31PM in Consumer rights
AH, Tis this season for taking stuff back!
Ok, here's the story. Being Christmas I got what you'd expect from my mother(75 years old), a pack of 4 briefs from Marks and Spencer priced £17. Boxing day came, so I tried a pair to see if they'd fit OK (over the top of another pair), but it seems maybe Christmas has had a bit of an effect on my waistline they were a little to small. Right the problem is, being my mother, she did the Christmas shopping in July and so these are now out of M&S's 35 days return policy, anyway she tried to take them back.
As expected they said they can't refund them as they are out of the 35 day policy but as a good will gesture, we'll give you a £5 credit.
- £5?
yes these are on sale now for £5
- Well can I just exchange them for a larger size?
No sorry we don't have any in stock
- well how about the blue ones there?
Ah, there not on sale and still £17

So being my mum she gave into the pressure and returned the item for £5 credit off the other pair and paid an extra £12 for the blue ones.
So all in she paid £29 for 4 briefs.
Is it right that they can only refund the now sale price on an item that is being returned with a receipt (granted out of there 35 refund policy).

Leg to stand on or not?

Thanks
Dave

Comments

  • Pollycat
    Pollycat Posts: 35,774 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    No leg at all, I'm afraid, Dr Nick.

    You are not entitled to a refund just because something doesn't fit or you decide it doesn't suit you when you get home - even with a receipt showing the full price.

    However, a number of stores do offer over & above what the law says they must (under the SOGA) and allow returns within a certain time with a full refund.

    M&S are one of those stores (as is BHS, Next etc).

    Some of those stores extend their return period when it gets closer to Christmas as they realise that people are busy buying gifts but that wouldn't have been in operation when your Mum bought your gift.

    M&S weren't even obliged to offer the £5 goodwill gesture.

    You are outside the return period - and that's that.

    Primark, although they do offer refunds within a stated period (28 days?) if you change your mind or the item doesn't fit, it doesn't apply to underwear (pants etc).
  • soolin
    soolin Posts: 74,134 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You have no right to a refund so Marks and Spencer have bene extremely generous.

    Can you imagine buying from a shop that exchanged knickers- yuck
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • I guess the lesson is, make sure you leave you Christmas shopping till last minute ;)
  • Pollycat
    Pollycat Posts: 35,774 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    dr_nick_uk wrote: »
    I guess the lesson is, make sure you leave you Christmas shopping till last minute ;)

    No, Dr Nick - just don't eat so much over the Christmas period. :rotfl:

    And make sure your Mum (bless her) is aware of the refund policy of the shops she's likely to buy from - and that if she buys in July, she's not likely to be able to get a refund at all when Christmas comes around.
    Shame she wasted her money.

    Welcome to MSE, by the way. :)

    ETA - Whoops! Just noticed you've been a member for ages.
  • texranger
    texranger Posts: 1,845 Forumite
    briefs/underwear are ususally exempt from any returns policy due to hygeine reasons, especially once opened
  • Pollycat
    Pollycat Posts: 35,774 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    texranger wrote: »
    briefs/underwear are ususally exempt from any returns policy due to hygeine reasons, especially once opened

    M&S used to exchange briefs, even those bought loose i.e. not in sealed packets.

    Not sure if that's still their policy but the last time I bought a bikini bottom from M&S, I was told I could return it as long as the hygiene strip was still in place.
  • Resolution for 2012. All newly bought nicks must be washed first. :)
    Whether we win or lose,
    that we played at all was a winning decision. :D
    2011 wins £12,292
    2012 wins ...
    Thank you to all who post on here!!!! :A
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