Can I have a cash refund?

craobhan

This one is a wee bit different from the rules I have read online about refunds for non-faulty goods.


My partner and I have just been in the local SportsDirect shop to get a bigger size in the jumpers I bought him for Christmas. I was asked at the time of purchase if it was a gift. I said yes but there's nothing I can see on the receipt to indicate this. He's been losing weight but I chose a size too small for him.

We checked the stock and there were none in the right size for one jumper and none in stock at all of the other so I went to the cash desk and asked for a refund - I had the receipt with me.

I was told point blank that it was not shop policy to give a refund unless the items were faulty. I could only exchange or have a gift card. I pointed out to her that we had tried to exchange but there was no stock in the correct size but she wouldn't budge. I then had to wait for the manager as she was dealing with another customer who had a complaint.

Meanwhile, a very arrogant young man who would only give his first name (apparently he doesn't need to give me his surname because of the Data Protection Act) shoved my items back at me and said that I was definitely not getting a refund as it was shop policy not to give refunds in store. I'm assuming he meant that online and in store their policy is different?

I feel that I'm not returning the goods because "I've changed my mind". My partner liked the jumpers and wanted to have the correct size but the shop couldn't fulfil that - and there was nothing else he wanted so why must I accept a gift card that forces me to spend money in their shop in the future. That actually means they are keeping hold of my money. Why can't I have a cash refund.

I have got one of their complaint forms - what should I put on it to make my case?

Forwandert

Sports direct do not offer refunds for change of mind. You aren't entitled to a refund for the wrong size jumper.

JJ_Egan

You bought the goods nothing faulty about them they fulfilled your order .
You bought the wrong item so returns refunds depends upon the stores policy . They are fully entitled to refuse a refund a swap or a credit note . Unless you asked at point of sale can i have my money back if the items do not suit .

marliepanda

You are entirely reliant on the store ex policy as you have no legal right to anything. They are keeping your money as you had a contract with them which they with held. The fact they don't have another size of the jumper you bought is irrelevant, it's not them that is not upholding their side of the bargain, it's you.

It's not a 'change of mind' issue as you bought the wrong thing. There's nothing wrong with the item.

Another company you could try a complaint letter and rely on goodwill but with sports direct you have no chance (nothing against SD in that respect, they are compliant with the law there and their policy is their business.)

You say he's losing weight? May be a good incentive to keep going to get in that jumper. (Or regift)

marliepanda

And yes online is different. NO shop has to give refunds for non faulty goods, whether it's change of mind, wrong item, recipient broke up with them, etc etc. Some stores DO offer change of mind refunds (which this is...) but that's up to them and not the law.

Online us governed by the DSR (distance selling regs) whereby you have the same 'rights' as a shop so basically you can order online, look at the item and go 'oh actually this isn't what I want' and send it back. This is because online you cannot physically inspect the goods. In a shop you can so therefore have no automatic right no return something non faulty

Just adding this as you mentioned the "arrogant" man mentioned the online policy.

bris

You confronted them with your version of SOGA and obviously insisting you had the right to a refund, you were wrong.

The arrogant young man would have by now had his back up by you attitude towards him and insisting he gives you his surname. Is it any wonder he was arrogant.

The best course of action is to know your rights before arguing them with someone who knows your wrong.

arcon5

Sadly neither op nor SD know anything about the Sales of Goods Act - only this time SDs version of it was actually within the law :shocked:.

No fault = no refund*

*unless they have a policy that states otherwise in which case their is a contractual obligation by them - although not relevant in this case.

pinkshoes

Can they not order it in?

For future reference, only buy from SportsDirect if you try it on in store and know it fits. Other shops have much better customer service!

Valli

craobhan wrote: »

Meanwhile, a very arrogant young man who would only give his first name (apparently he doesn't need to give me his surname because of the Data Protection Act)

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Which said young man apparently has not read then; but is merely hiding behind...

arcon5

Personally I fail to see why you have any right to an employees surname. They are merely a representative of the company - their individuality is of no relevance. Although I accept it makes it more complicated if for example their are two daves and you want to make a complaint about an employee.

Takeaway_Addict

craobhan wrote: »

This one is a wee bit different from the rules I have read online about refunds for non-faulty goods.


My partner and I have just been in the local SportsDirect shop to get a bigger size in the jumpers I bought him for Christmas. I was asked at the time of purchase if it was a gift. I said yes but there's nothing I can see on the receipt to indicate this. He's been losing weight but I chose a size too small for him.

We checked the stock and there were none in the right size for one jumper and none in stock at all of the other so I went to the cash desk and asked for a refund - I had the receipt with me.

I was told point blank that it was not shop policy to give a refund unless the items were faulty. I could only exchange or have a gift card. I pointed out to her that we had tried to exchange but there was no stock in the correct size but she wouldn't budge. I then had to wait for the manager as she was dealing with another customer who had a complaint.

Meanwhile, a very arrogant young man who would only give his first name (apparently he doesn't need to give me his surname because of the Data Protection Act) shoved my items back at me and said that I was definitely not getting a refund as it was shop policy not to give refunds in store. I'm assuming he meant that online and in store their policy is different?

I feel that I'm not returning the goods because "I've changed my mind". My partner liked the jumpers and wanted to have the correct size but the shop couldn't fulfil that - and there was nothing else he wanted so why must I accept a gift card that forces me to spend money in their shop in the future. That actually means they are keeping hold of my money. Why can't I have a cash refund.

I have got one of their complaint forms - what should I put on it to make my case?

Majorly wrong on many counts and the assistant doesn't have to give you his surname because he just doesn't, you cannot force him to provide this.

Maybe you should go back and apologise to the chap?