Returning an item that no longer has a promotional discount code

Lauraw85

Hi guys

Really hope someone can help me with a query I have in regards to a handbag I recently purchased online.

Last Tuesday, I ordered a £50 handbag off a well known fashion retailer website (not sure if we're allowed to post names on here?). I bought it because I had a valid 25% discount code for it so the bag came to £37.50 with free delivery to store.

The bag arrived in store on Friday and when I arrived back to work, I noticed that there was a very visible purple stain on the cream bag which looks a lot like ink. I checked online to see if there were any more of the same handbag available in the store I had picked it up from, or stores close by to where I live, to do a straight exchange. There was one left in a store that was about 30 minutes away from where I live and I was pretty sure that I would be told by the retailer that it wasn't their policy to transfer between stores which I have previously experienced with other retailers.

I telephoned the store in question who confirmed they did have one bag left in stock- but it's unsaleable due to the bag being defective. I also got told that even if it wasn't unsaleable, they wouldn't reserve the bag for me as they couldn't be sure how visible the mark on my bag was. Obviously, the customer is always right wasn't something they adhered to.

I then decided to telephone their customer services helpline to get some advice. They told me that I was right- it was not their policy to transfer items between store for customers and if I wanted to exchange the item at the store that was 30minutes from me then I'd need to travel there myself and it was up to the sales assistant to decide if the clearly visible purple mark was worth a straight exchange (!)

It was then confirmed to me that the promotional 25% discount code I'd use to purchase the bag had now expired. I was told that as the bag wasn't available in any stores in my region for me to personally collect another bag, I would need to return my bag to store or by post to get a refund and then re-order the same bag at the full price of £50.00. I was told that the only way to get the 25% discount off would be to send customer services a picture of the mark and if they were satisfied by it, they would send me a gift voucher in the post for the value of £12.50.

I was a bit perplexed and unhappy about this but accepted what they said. However, having spoken with work colleagues and a friend who has a degree in law, she told me that what they're saying is wrong and that under the sale of goods act, they should order me in another bag themselves and do a straight exchange.

Could anyone shed any advice on this? I'm looking to go into store tomorrow so it would be really useful if I knew where I stood and whether or not what they said was correct or if I have the right to request a new bag at the discounted price.

Many thanks

Laura

Kayalana99

From which;

Getting faulty goods replaced or repaired
You have the right to get faulty goods replaced or repaired if it's too late to reject them. 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 faulty 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)
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Personally, I would take up their offer for the £12.50 as you'd still get what you want right? I would push for them to cover return postage as well - this might be the law but you'd need a court to enforce it if they choose not to.

Lauraw85

Thanks Kayalana, that's really useful.

Geodark

Lauraw85 wrote: »

Hi guys

Really hope someone can help me with a query I have in regards to a handbag I recently purchased online.

Last Tuesday, I ordered a £50 handbag off a well known fashion retailer website (not sure if we're allowed to post names on here?). I bought it because I had a valid 25% discount code for it so the bag came to £37.50 with free delivery to store.

The bag arrived in store on Friday and when I arrived back to work, I noticed that there was a very visible purple stain on the cream bag which looks a lot like ink. I checked online to see if there were any more of the same handbag available in the store I had picked it up from, or stores close by to where I live, to do a straight exchange. There was one left in a store that was about 30 minutes away from where I live and I was pretty sure that I would be told by the retailer that it wasn't their policy to transfer between stores which I have previously experienced with other retailers.

I telephoned the store in question who confirmed they did have one bag left in stock- but it's unsaleable due to the bag being defective. I also got told that even if it wasn't unsaleable, they wouldn't reserve the bag for me as they couldn't be sure how visible the mark on my bag was. Obviously, the customer is always right wasn't something they adhered to.

I then decided to telephone their customer services helpline to get some advice. They told me that I was right- it was not their policy to transfer items between store for customers and if I wanted to exchange the item at the store that was 30minutes from me then I'd need to travel there myself and it was up to the sales assistant to decide if the clearly visible purple mark was worth a straight exchange (!)

It was then confirmed to me that the promotional 25% discount code I'd use to purchase the bag had now expired. I was told that as the bag wasn't available in any stores in my region for me to personally collect another bag, I would need to return my bag to store or by post to get a refund and then re-order the same bag at the full price of £50.00. I was told that the only way to get the 25% discount off would be to send customer services a picture of the mark and if they were satisfied by it, they would send me a gift voucher in the post for the value of £12.50.

I was a bit perplexed and unhappy about this but accepted what they said. However, having spoken with work colleagues and a friend who has a degree in law, she told me that what they're saying is wrong and that under the sale of goods act, they should order me in another bag themselves and do a straight exchange.

Could anyone shed any advice on this? I'm looking to go into store tomorrow so it would be really useful if I knew where I stood and whether or not what they said was correct or if I have the right to request a new bag at the discounted price.

Many thanks

Laura

Really? I think she needs to brush up on her law then - repair, refund or replace. It is perfectly acceptable under soga for them to refund.