JD Sports

chas_smash

Hello

I was given a Christmas present from JD Sports, a football shirt.
It didn't fit so I was given the Gift Receipt (Dated Dec 1st).
JD state Please note we are unable to process refunds or exchanges between 26th & 29th Dec.
The first time since Christmas (12th January) due to work commitments that I have been able to bring back a £30 Christmas gift with its receipt & gift receipt to a JD store for a credit note.
I was told by the staff they couldn’t do this as it had to be done by 6th Jan and to email you for a ruling on this as I was not very happy as you can imagine.
JD then emailed to say:
Thank you for your email.

I am sorry to hear that you are dissatisfied with our unwanted returns policy.

You can return goods for a refund providing they are in an unused and re-sellable condition within 14 days upon production of a valid receipt. An exchange is also offered up to 28 days from date of purchase upon production of a valid receipt or bank statement.

As you are outside the 28 day returns period we are unable to help you on this occasion.

Should you have any further questions, please do not hesitate to contact us.

Kind Regards
ARE THEY LEGALLY CORRECT??

SuperHan

Yes.

You have no right to a 'change of mind' return legally, so you are bound by their returns policy.

marliepanda

Yes.

Stores do not have to offer you any remedy in law, except for faulty items, if purchased in store.

chas_smash

But I did try to return the item on the 27th December but they said they didn't process returns or refunds between 26th and 29th of December! So I had attempted to bring it back!

marliepanda

chas_smash wrote: »

But I did try to return the item on the 27th December but they said they didn't process returns or refunds between 26th and 29th of December! So I had attempted to bring it back!

They don't have to refund you.

You are entirely bound by their own policy. Whether they don't refund in rainy days, days with the letter u in their name, etc etc.

You missed their date of the 6th January, but they didn't even have to do that. They could have point blank refused ANY refund, even if returned 30 seconds after purchase.

peachyprice

As you didn't buy anything from them you have no rights whatsoever.

wealdroam

peachyprice wrote: »

As you didn't buy anything from them you have no rights whatsoever.

Hmmm... it's not quite as straightforward as that.

MSE's Consumer Rights guide has this to say:

CAN I RETURN GOODS THAT ARE A GIFT?

On the surface, the answer is no as you've no contract with the seller – it's the person who pays for the item who has the contract and will need to sort out any problems.

Yet this can be overcome if the buyer tells the seller they are passing on the rights by "conferring the benefit of the contract" under the Contracts (Rights of Third Parties Act) 1999.

In plain English, this means you need to make it clear – ideally in writing – you're buying for someone else by stating their name or giving a particular description, such as them being a family member, eg, writing "this is a gift for Martin Lewis" on the receipt at the time of purchase. This extra term then becomes part of your contract too.

As with other rights, stores do often provide over and above their obligation so may help with a faulty gift. Yet there's no harm in remembering to tell them it's a gift if you buy an expensive present for someone.

It seems to me that as the OP has a gift receipt then this situation is quite clear.

However, all that makes no difference to the OP getting a refund or exchange.

neilmcl

peachyprice wrote: »

As you didn't buy anything from them you have no rights whatsoever.

Other than those as agreed too in the contracts T&Cs.