Refused refund in Debenhams

Wullie32

Partner bought a bedding set (duvet cover and pillowcases) in Debenhams yesterday afternoon, got it home, took it out of the packaging (which had been unsealed in store anyway to test the material), realised it was the wrong size, so we took it back to our local store (different to one it was bought in).

We were refused a refund due to the packing being unsealed due to "health and hygiene reasons", the manager maintained that it was covered in the exceptions to the returns policy, despite the returns policy clearly stating that the exception covers:

"Quilts, duvets, pillows and mattresses, no exchange or refund once the original packaging has been opened or damaged unless faulty."

Quite obviously a duvet cover/bedding set is none of the above.

I have raised it with head office, who predictably have repeated the manager's mantra: "I can confirm that due to health and hygiene reasons, we are unable to exchange or refund bedding sets once the packaging has been opened or damaged unless faulty."

There is absolutely no mention of bedding sets in the terms and conditions as being an exception.

"Subject to exceptions, Debenhams is happy to exchange or refund your purchase within 28 days of delivery"

They've clearly gone against this. What are my rights and who would I complain to next if I wished to take the matter further?

Big_Tree

try to sell it on ebay.

PenguinOfDeath

Was the product the incorrect size compared to what is stated on the packet, or did he purchase the incorrect size i.e a double instead of a king?

Doc_N

Have you tried emailing the CEO [EMAIL="michael.sharp@debenhams.com"]michael.sharp@debenhams.com[/EMAIL] ?

They're plainly wrong on this - there are exclusions, as you say, to their refund policy, but this isn't one of them.

I'm sure one of the CEO's team will sort this out, but if not, go to Trading Standards.

matty538

Surly as you bought the item in store you have no statutory rights to a refund, unless of course what its says on the packet is different to its contents.
They offer to exchange or refund for 28 days but for items purchased in store its more than you are entitled too. Therefore they can enforce any terms and conditions on that, that they wish.

shaun_from_Africa

matty538 wrote: »

Surly as you bought the item in store you have no statutory rights to a refund.

You do if there are signs in the store advising customers that they can return unwanted or unsuitable goods for a refund as these signs form one of the conditions of sale.

browneyedbazzi

shaun_from_Africa wrote: »

You do if there are signs in the store advising customers that they can return unwanted or unsuitable goods for a refund as these signs form one of the conditions of sale.

A contractual right and a statutory right are different things. If a contract confers a right to return an unsuitable item then yes, you have the right to return the item. That isn't the same as a statutory right which is based in legislation.

How do you define quilt or duvet? I suspect Debenhams will argue that a duvet cover falls into the category of a quilt or duvet which is covered in the exceptions to their returns policy.

shaun_from_Africa

browneyedbazzi wrote: »

A contractual right and a statutory right are different things.

If falls under a breech of statutory rights because of the "Consumer protection from unfair trading regulations"
These regulations are very specific in that:
A misleading action contains false information or in some way deceives (or is likely to deceive) the average customer."
and having a written returns policy and then adding exclusions to this after the contract has been made certainly sounds like a breech.

There used to be a Trading standards webpage (I will see if I can find it later) that stated that the section of the SOGA that covers the description of goods (S14-2D) can also include any adverts or statements relating to those goods are also covered by the act if those statements influenced the decision to buy).

halibut2209

This is ambiguous. And in contract law, any ambiguity goes in favour of the person who didn't write the contract - ie the OP. So should this go to court, then the court would find in favour of the OP.

It might be worth reminding Debenhams of this.

Jabey

i can see that i'm not the only one disagreeing with the OP, but the people who do disagree are being very polite and technical about it. but it's really, very 'nitpicking' isn't it? To argue on the grounds that this specific terminology - this particular kind of bedding isn't included in their exclusions. even if you must insist you are right on this basis, you would think it was wiser to err on the side of caution rather than expecting judge and jury to back you up when the time comes.

I have bought bedding sets in debenhams before and to be fair, they warn you at the point of sale that they are non-returnable once opened. why do you have to be all weird about your purchases and open them in the shop 'to test the material' and then take it home and open it up and then try to return it? why not just ... not do these things then you won't have these kinds of headaches to deal with later? a good start might be knowing what size the bed is that you're buying bedding for.

i just don't approve of this kind of behaviour, it seems so over the top and then trying to blame it back onto the company for not 'honoring your rights'. i feel that consumer rights are a good safety net to have for when retailers are not treating you fairly, but they're not there to be misused, or flouted. it doesn't mean you can do whatever you want and then expect the safety net to be there. some moderation, please?

but i'll be fair; perhaps it wasn't you that opened this bedding set to test the material in the shop - perhaps it was someone else. maybe you can point this out to the sales person before you pay so that they can make a note on the receipt? Or pick another package? Or perhaps, you really were not aware and honestly believed you can return these opened items without any problem.
well, now you know that you cannot. why can't you just accept your error and move on - or like someone says, try to sell them on ebay, instead of getting so vehement about this and considering taking matters further - even legal action - it appears, judging by the responses to this thread. but seriously? over a bedding set?

i'm sorry, but this reads like someone who has far too much time on their hands - as do i, for replying to this.

shaun_from_Africa

Jabey wrote: »

i can see that i'm not the only one disagreeing with the OP, but the people who do disagree are being very polite and technical about it. but it's really, very 'nitpicking' isn't it? To argue on the grounds that this specific terminology

I don't know if you noticed the title of this board Jabey but it's "consumer rights" so why do you consider it nitpicking to state exactly what those right are in accordance with legislation aimed specifically at protecting the consumer?