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CeX voucher refund.

I recently bought a mobile phone from a CeX high street store. When discussing which phone to buy with the sales assistant they told me I had 48hrs to trial the phone and if I wasn't happy I could return it or swap it. At no point did they indicate that I would refunded in vouchers or if I decided to swap the phone that I would paid any difference in price in vouchers. Also, this information was not clearly displayed - when trying to return the phone the store manager drew my attention to a laminated mat on the counter that had on it advertisement for a charity, rates of exchange for dvds and games and amongst all this mess was their 48hr returns policy, not written in plain English but something along the lines of 'Chill out 2 day cool off period' underneath which was written in small print that it can only be exchanged for vouchers.

I was led to believe that I would get a full cash refund. I don't believe their returns policy was displayed clearly and legibly to indicate to the consumer that when purchasing any of their products - despite it saying 'Chill out' - you are entering into a contract with the store that you cannot get out of. Had I been made aware of this I would not have bought the product.

Do I have a leg to stand on or have I been legally shafted?
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Comments

  • Have you accepted the vouchers yet?

    One thing that you could do is to wander into the shop, pull out a camera and take a photograph of the mat on the counter.

    No doubt one of the assistants or the manager will ask you what you are doing, and you could tell them that you've made a complaint to Trading standards and they want to see how the CeX returns policy is displayed.
    They will probably tell you that photography is prohibited inside the store and if they do, tell them that as the writing on the mat allegedly forms part of the contract that you entered into, you are legally entitled to have a copy of it.

    Even if this doesn't get them to change their mind, you could them show the photograph to Trading standards and see if they think it is clear enough.
  • You don't ever have a legal right to a refund, accept the vouchers, get a new phone.
  • You don't ever have a legal right to a refund

    You do have the right to a full refund if you were told this before you made the purchase. In this instance the refund right is one of the conditions of the sale, and if the OP was told this but not made aware of the refund being in the form of vouchers, then the staff in the shop are acting illegally.
  • I felt I had no choice but to accept the vouchers otherwise I would've been stuck with the phone. After the 48hr period there are no returns unless there is a fault.

    I've sent an email to customer services detailing my grievances and i'm hoping for an amicable solution, however i'm not holding my breath.

    If they don't feel my case is valid I shall follow your advice and take photos. Thanks very much!
  • zoob
    zoob Posts: 581 Forumite
    Part of the Furniture 500 Posts Name Dropper
    At what point did the sales man indicate that you could get a refund, is it a case that you thought that you could get a refund? rather than the sales saying that you could get a refund.
  • I believe the Sales guy said exchange it or return it.

    If he didn't mention return for cash or refund then you are on shaky ground.

    The above people are right, in that there is no automatic change of mind policy, and though verbal contracts are legal, if he just said return it without mentioning what type of refund you would get I don't see any rules broken. You should of inquired further or read the literature.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    In fairness to the OP, 'refund' somewhat suggests a refund of whatever they used to pay with, not an exchange for (rather less fungible) vouchers. If the 'refund' was only in vouchers, I don't think 'refund' is the right word to use - 'store credit' would be more accurate.
  • I am aware that in general there is no change of mind policy. However, this store operates a 48hr change of mind period. What they failed to indicate clearly, both verbally and visually, is that you would be refunded in vouchers trapping you into spending the money within their store.

    I'm fairly sure the company won't accept it as their mistake that I wasn't made fully aware of their returns policy. As shaun from Africa suggested it is up to me to obtain the necessary evidence for Trading Standards to determine if it is displayed correctly at point of sale.

    As mentioned in my first post the sales rep did not say refund, he said exchange or return. Return, indicating to me that I would be put back in my original position before I purchased the phone. If he had stopped at exchange, exchanging for a different phone or exchanging for vouchers then I would've understood. Also when reading the returns policy that was not on the back of the till at eye level where it would've been clearly seen but on the counter at point at which most people would be leaning on the counter, have a bag or whatever resting on it, it also said return under which was the small print defining the method of repayment - in vouchers.

    I believe their marketing strategy is deceptive.
  • halibut2209
    halibut2209 Posts: 4,249 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Don't tar all with the same brush. I bought my daughter a phone from there a few weeks ago, and the 48-hr return policy was clearly stated to me.

    WRT this case, I'm in the "no leg to stand on" category. You have no legal right to a refund, and the in-store policy is stated that it would be in vouchers. In our store, there are also printouts of the policy pretty much all over the place, though I accept that it might be different in yours.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • System
    System Posts: 178,171 Community Admin
    10,000 Posts Photogenic Name Dropper
    I don't see what trading standards will do here? The 48 hour return policy isn't something they legally have to do. If they have a sign in store with the policy on then I don't see what else you expect?
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