New Look refusing to refund

gillybean129

I bought a long dress from New Look which was £29.99. When I got it home I put it on and my husband commented on two marks it had on it along with a big mark at the back which looked like it had been trampled on, which I hadn't noticed when I tried it on.
I took it back to different branch of New Look who refused to refund me as they said that the make of dress was part of a concession which they didn't run at that store so I would have to go back to the original store and hope they still were using that concession. Unfortunately the branch I originally purchased from is many miles away and was a special trip. I now have to make that journey in less than two weeks before my 28 days are up.
I am livid as I feel my contract of sale is with New Look my receipt states new look, and they were keen to take my money off me in the first place, I emailed them and their response

As this is an in store purchase, we would be unable to guarantee that they can be returned. Please take the dress into store so it can be inspected by a member of staff.

I have replied saying I had already done this and await their response, what a cheek!

Leo2020

As far as I am aware (but someone else might be able to clarify) your not actually buying from New Look in this situation so therefore your contract is with the concession.

It's like going to a fayre and buying something from a stall holder. You contract is with them not with the venue who hired the stall out to the trader.

mynameistallulah

Leo2020 wrote: »

As far as I am aware (but someone else might be able to clarify) your not actually buying from New Look in this situation so therefore your contract is with the concession.

It's like going to a fayre and buying something from a stall holder. You contract is with them not with the venue who hired the stall out to the trader.

It is not that the contract is with the recession, but rather that New Look specify that you can only do a return to a store that stocks that particular range/ item.

OP, have you rang the store in question to check that they still stock the range? You might be able to post it back to them. It would be far simpler than swapping emails with head office.

paddyrg

gillybean129 wrote: »

I am livid as I feel my contract of sale is with New Look my receipt states new look, and they were keen to take my money off me in the first place, I emailed them and their response

As this is an in store purchase, we would be unable to guarantee that they can be returned. Please take the dress into store so it can be inspected by a member of staff.

Hmmmm you may feel your contract is with one particular party but that doesn't necessarily make it so. New Look and many other shops and services are often franchises/concessions/run as separate businesses. For instance Mariott hotels, interflora, etc., are all collectives of franchisees in related business areas. You absolutely do have a contract with the store branch that sold you the goods, but you can't rely on their head-office telesales for a return as it is store-bought so not under he DSR's - you had a chance to examine the goods in-store. They cannot help that you don't live near the shop you bought it from, and have advised you how to get a remedy to your problem. If it really is too far to be worth the trip back, maybe posting as suggested above will be an alternative?

terra_ferma

gillybean129 wrote: »

I bought a long dress from New Look which was £29.99. When I got it home I put it on and my husband commented on two marks it had on it along with a big mark at the back which looked like it had been trampled on, which I hadn't noticed when I tried it on.
I took it back to different branch of New Look who refused to refund me as they said that the make of dress was part of a concession which they didn't run at that store so I would have to go back to the original store and hope they still were using that concession. Unfortunately the branch I originally purchased from is many miles away and was a special trip. I now have to make that journey in less than two weeks before my 28 days are up.
I am livid as I feel my contract of sale is with New Look my receipt states new look, and they were keen to take my money off me in the first place, I emailed them and their response

As this is an in store purchase, we would be unable to guarantee that they can be returned. Please take the dress into store so it can be inspected by a member of staff.

I have replied saying I had already done this and await their response, what a cheek!

If they said concession it normally means a totally separate business with their own staff etc.
A friend of mine managed a concession within a major dept store, staff were paid by the concession, and the dept was totally separate (different working hours, rota etc) although co-ordinated with the store. A store without that concession would have not known what to do with their products if returned.

PS maybe another branch with the same concession will be able to take it, if you have one nearer to you?