How best to proceed?

Blonde_77

I purchased a bag on the 5th December 2012 from a long standing department store in my local town. It was half price in the sale and I paid £14.99 in cash.

At point of sale the cashier informed me that as it was a sale item it was non-returnable.

This I knew to be incorrect as I worked in retail management for a good number of years but as I had no desire at that time to start a kerfuffle about the incorrect info they were telling each customer!

Approximately a month ago I noticed that the strap on one side was detaching considerably from the bag on one side and the other was starting to come away and on the back - the part that would sit flat to my body, the material was splitting (faux leather).

At that point I could not find the receipt and had no way of proving I purchased the bag from there - that was until I found it the other day when looking for another receipt for something else!

So today I visited the store taking along the bag and the receipt.

The young girl asked me if it was possible to come back on a different day as the manager wasn't in. I explained that was not possible as I had made a special journey purely to discuss the bag. She then told me she would see if the manager of the 'whole' store could help and asked me to browse whilst I waited.

Around 5 minutes later a young boy who couldn't have been more than 18 informed me that as it was over the 28 days I could not have a refund. Slightly baffled as to why he was informing me this I explained I was not after a refund, 28 days had nothing to do with it and the bag had a fault. I did not want a refund, a bag I could use would be good!

He then proceeded to tell me that as it was over four months since I purchased there was nothing that could be done. Standing there slightly bemused I explained (again) that regardless of what he was telling me, the bag had developed a fault and that wouldn't matter whether it was 5 minutes after I left the store or whenever - it was clear that the bag had had little use and surely anyone would expect a bag to last longer than a few months?

He then told me that ALL staff when completing a purchase at the till explain to each customer the '4 month policy'. I told him that nothing along those lines had been said to me when making my purchase - only that as a sale item it could not be returned - which is incorrect anyway!

As I could see I was not going to get anywhere arguing with the boy I asked for the details of the manager. He proceeded to reel off a name and mobile telephone number at which point I asked him to write them down.

I want to make sure I get all of my facts right when contacting the Management - any advice as to the wording of my letter?

zaax

Goods not of merchantable quality - SOGA applies - you have six months.
Write to their head office, and read the links above. Did you pay by card? Money claim online will be your last link

Blonde_77

zaax wrote: »

Goods not of merchantable quality - SOGA applies - you have six months.
Write to their head office, and read the links above. Did you pay by card? Money claim online will be your last link

I paid in cash and have the receipt.

Blonde_77

Blonde_77 wrote: »

I paid in cash and have the receipt.

I also know that under the sale of goods act 1979 i am able to return the bag - i just wondered if I should just stick to quoting the facts regarding my rights or should i say about the incorrect info and the way in which i was treated. Should i demand a replacement (although i think I would be entitled to a refund?)

arcon5

The 6 month rule merely relates to the burden of proof. SoGA extends well beyond 6 months but after this time it's for the buyer to prove the fault is inherent and hasn't lasted reasonable time.

This statement:
"At point of sale the cashier informed me that as it was a sale item it was non-returnable."

It may not be strictly true for faulty goods... but for non-faulty goods it is a legal statement. Shops do not have to accept returns if you change your mind.

Should i demand a replacement (although i think I would be entitled to a refund?)

You are not entitled to a refund. You only get a reasonable period to inspect goods and reject them for a full refund if they do not conform to contract. It's safe to say you are outside of this period. They can therefore offer a repair or replacement if it is more cost-effective for them to do so.


Just write them a letter insisting they offer a remedy. Keep it to the point and factual. May be a line along the lines of 'I am disappointed your sales assistant refused to offer a remedy' but no point going in to too much detail.

whitelabel

there is a quick link at the top of the page which will fully advise you on your and their rights

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Blonde_77

arcon5 wrote: »

The 6 month rule merely relates to the burden of proof. SoGA extends well beyond 6 months but after this time it's for the buyer to prove the fault is inherent and hasn't lasted reasonable time.

This statement:
"At point of sale the cashier informed me that as it was a sale item it was non-returnable."

It may not be strictly true for faulty goods... but for non-faulty goods it is a legal statement. Shops do not have to accept returns if you change your mind.

So as I only purchased it in December 2012 would you say that I should have expected a little bit longer use from it? Its a handbag, lightly used and only used as a handbag (couldnt fit anything much bigger than my purse in it lol).

wealdroam

Blonde_77 wrote: »

So as I only purchased it in December 2012 would you say that I should have expected a little bit longer use from it? Its a handbag, lightly used and only used as a handbag (couldnt fit anything much bigger than my purse in it lol).

Yes, probably.
No-one is disputing that, are they?

I'll say what Arcon said again...

If the damage is deemed to be inherent, you are entitled to a remedy.
That remedy could be a repair, replacement or refund.
You get to choose the remedy, but you cannot insist on a remedy that is disproportionately costly.
So effectively the seller can choose the least costly.

Also, a refund could be a partial refund to take account of the use you have had.

As a sale item, I imagine a refund would be the least costly, and if that is offered, then that is all you are entitled to.

Of course, if the seller can prove that the damage is due to misuse, then you are entitled to nothing.

Read that article that Whitelabel mentioned.

arcon5

Blonde_77 wrote: »

So as I only purchased it in December 2012 would you say that I should have expected a little bit longer use from it? Its a handbag, lightly used and only used as a handbag (couldnt fit anything much bigger than my purse in it lol).

2 months does seem quite poor, but then i'm a guy and know nothing about handbags and what to expect from a £15 one . But the burden is on them to prove the fault wasn't inherent.

Blonde_77

arcon5 wrote: »

2 months does seem quite poor, but then i'm a guy and know nothing about handbags and what to expect from a £15 one . But the burden is on them to prove the fault wasn't inherent.

:rotfl:

Well, technically it was a £30 one but i bought it in the sale but that made me chuckle