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M&S policy overriding consumer law
gwgw45
Posts: 35 Forumite
Well, I had a really interesting one yesterday. I took a suit back (with receipt) to M&S that I purchased on September 7 2012 as the zipper toggle had come adrift from zip, thus rendering it unusable.
At the refunds counter the young girl sought the guidance of her manager. This woman came to tell me that they would not offer a refund as they did not guarantee zips. She was very single minded and was not interested in discussion. I asked to speak to her manager.
This lady duly arrived and reiterated that it was M&S policy that they did not warranty zips. Interestingly they likened the failure of a zip to that of a hem coming undone? I suggested that their policy was contrary to current consumer legislation (fit for purpose, satisfactory quality etc) Again she was not interested. She did suggest that they would replace the trousers, or the suit. However I had already purchased a replacement so that was not acceptable. She remained steadfast in her refusal to refund. I asked to speak to the store manager.
He came to see me and we discussed the situation. He again insisted that it was M&S policy not to guarantee zips. I explained to him that I was past the point of wanting more discussion and explained that I would take his details, write to head office insisting on a refund within 7 days and if this was not forthcoming I would issue a small claim. I also explained that spent thousands in M&S every year (this is true) and that I would cease to be a customer.
He explained that he wanted me to be happy and that he would therefore refund me as a goodwill gesture.
I accepted his offer but explained that I would be writing to head office seeking confirmation that M&S feel that their policy can override the Sale of Goods act. I asked him if he would be happy for me to quote him in said letter, he replied in the affirmative.
This remains my plan, but I also thought I would share this experience here to see if anyone else has had a similar experience or observations.
Regards
Gareth
At the refunds counter the young girl sought the guidance of her manager. This woman came to tell me that they would not offer a refund as they did not guarantee zips. She was very single minded and was not interested in discussion. I asked to speak to her manager.
This lady duly arrived and reiterated that it was M&S policy that they did not warranty zips. Interestingly they likened the failure of a zip to that of a hem coming undone? I suggested that their policy was contrary to current consumer legislation (fit for purpose, satisfactory quality etc) Again she was not interested. She did suggest that they would replace the trousers, or the suit. However I had already purchased a replacement so that was not acceptable. She remained steadfast in her refusal to refund. I asked to speak to the store manager.
He came to see me and we discussed the situation. He again insisted that it was M&S policy not to guarantee zips. I explained to him that I was past the point of wanting more discussion and explained that I would take his details, write to head office insisting on a refund within 7 days and if this was not forthcoming I would issue a small claim. I also explained that spent thousands in M&S every year (this is true) and that I would cease to be a customer.
He explained that he wanted me to be happy and that he would therefore refund me as a goodwill gesture.
I accepted his offer but explained that I would be writing to head office seeking confirmation that M&S feel that their policy can override the Sale of Goods act. I asked him if he would be happy for me to quote him in said letter, he replied in the affirmative.
This remains my plan, but I also thought I would share this experience here to see if anyone else has had a similar experience or observations.
Regards
Gareth
0
Comments
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You had the suit for three months and then you wanted all your money back. They offered to exchange it but you wanted the money and three months use of the suit for free.
You accepted his offer and you should have left it at that.I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.0 -
Under the SOGA, which I assume is what you were vaguely grasping at whilst you demanded a refund, you can reject the item within a reasonable period of time, but after 3 months you would almost certainly have been deemed to have accepted the goods.
In this situation you are entitled to a repair, replacement or refund. You can specify which you'd prefer, but the choice is ultimately theirs, and they can choose which remedy to offer.
They offered a replacement, as you saidShe did suggest that they would replace the trousers, or the suit. However I had already purchased a replacement so that was not acceptable. She remained steadfast in her refusal to refund. I asked to speak to the store manager.
From the Which? Website http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/You have the right to get a faulty item replaced or repaired if it's too late to reject it. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
a reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called recision).
As you can see, M&S policy does not attempt to override consumer law at all, you just were not fully aware of the law/SOGA.0 -
It was good of M&S to refund you, they didn't have to. As others have said, a replacement was acceptable. They could have also deducted some money from the original sale price. I think writing a letter to head office when you clearly don't have a full grasp of the law is a little foolish, but the option is yours. Personally I'd be happy with what they provided and leave it there.
Also be thankful they did refund you because the court claim would have cost you further.0 -
When did you damage the suit?
Why did you not take it back sooner rather than buy a new suit?
The only reason they gave you your money back was to get rid of you, I would have done the same and I wouldn't expect/want you to return - your arrogance got your money back, not before speaking with every manager in the store, well done.I would be writing to head office
Don't waste the four managers time further, unnecessary letter is unnecessary.0 -
Some people are dangerous with a little bit of information... Their offer of replacing it was in line with consumer legislation. They had no obligation to refund you.
In future maybe make sure you understand consumer protection legislation before using it against people.0 -
Some people are dangerous with a little bit of information...
This was exactly the phrase I thought of as I read through the OP.
Oh dear, you should really be embarrassed OP as you were 100% in the wrong. Do your research about your ACTUAL rights before harping on and wasting their time about rights you THINK you have.Thinking critically since 1996....0 -
In future maybe make sure you understand consumer protection legislation before using it against people.
The problem is that people misquote the law and the retailers just give in to them to either get rid of them or retain them as a customer. This leads to them believing they were right and reinforces this mythical law.0 -
.......In future maybe make sure you understand consumer protection legislation before using it against people.somethingcorporate wrote: »Oh dear, you should really be embarrassed OP as you were 100% in the wrong. Do your research about your ACTUAL rights before harping on and wasting their time about rights you THINK you have.
How arrogant to lecture like this?
His misunderstanding of "consumer protection legislation" didn't do him much harm in this instance did it?
Well worth banging on sometimes, and escalating to a manager who has the authority to issue a refund for goodwill purposes irrespective of the customer's lack of rights!
This approach should be used by all to try and get a refund when our right to one has gone!0 -
How arrogant to lecture like this?
His misunderstanding of "consumer protection legislation" didn't do him much harm in thus instance did it?
Well worth banging on sometimes, and escalating to a manager who has the authority to issue a refund for goodwill purposes irrespective of the customer's lack of rights!
This approach should be used by all to try and get a refund when our right to one has gone!
I don't see it as arrogance.
It's pointing out to the OP that he was wrong and was actually lucky to get the result he did get.
You mention 'trying to get a refund when our right to get one has gone'.
'Trying it on' is totally different to the situation the OP describes where he believed he was entitled to a refund and that M&S were in breach of SOGA.
As someone pointed out in an earlier post:Some people are dangerous with a little bit of information...0 -
You do come over as a rather self important !!!!.Well, I had a really interesting one yesterday. I took a suit back (with receipt) to M&S that I purchased on September 7 2012 as the zipper toggle had come adrift from zip, thus rendering it unusable.
At the refunds counter the young girl sought the guidance of her manager. This woman came to tell me that they would not offer a refund as they did not guarantee zips. She was very single minded and was not interested in discussion. I asked to speak to her manager.
This lady duly arrived and reiterated that it was M&S policy that they did not warranty zips. Interestingly they likened the failure of a zip to that of a hem coming undone? I suggested that their policy was contrary to current consumer legislation (fit for purpose, satisfactory quality etc) Again she was not interested. She did suggest that they would replace the trousers, or the suit. However I had already purchased a replacement so that was not acceptable. She remained steadfast in her refusal to refund. I asked to speak to the store manager.
He came to see me and we discussed the situation. He again insisted that it was M&S policy not to guarantee zips. I explained to him that I was past the point of wanting more discussion and explained that I would take his details, write to head office insisting on a refund within 7 days and if this was not forthcoming I would issue a small claim. I also explained that spent thousands in M&S every year (this is true) and that I would cease to be a customer.
He explained that he wanted me to be happy and that he would therefore refund me as a goodwill gesture.
I accepted his offer but explained that I would be writing to head office seeking confirmation that M&S feel that their policy can override the Sale of Goods act. I asked him if he would be happy for me to quote him in said letter, he replied in the affirmative.
This remains my plan, but I also thought I would share this experience here to see if anyone else has had a similar experience or observations.
Regards
Gareth
And your knowledge of SOGA is deeply flawed.0
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