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Tesco policy of not offering refund on faulty items after 28 days

Hi, sorry if someone has posted a similar question before.

I bought some jewelled sandals from Tesco in May 2014. I had no problems with them until yesterday when one of the jewels come off.

Today I went into Tesco I asked for a refund. I was told that it was their policy not to offer a refund after 28 days but offered me an exchange. I advised that it was actually a refund I wanted. The customer services lady had to get her manager to approve this. The manager came out and was incredibly rude to me but eventually agreed to refund me as there was clearly a fault with the goods and they actually had a few customers return the same goods before for the same reason.

I didn't want an exchange as:
a) clearly their sandals won't last long; and
b) given how rude the manager was to me I don't want to shop there again.

My question is whether you have the right to request a refund if a fault develops after you have bought them.

I've done some research and in some places states that you only have the right to a refund within 28 days for faulty goods (no good if the fault develops not long after the 28 days). In other places it states that goods must be of satisfactory quality, which means they should last a reasonable time (reasonable not defined legally) as long as you haven't accepted the goods.

If anyone can shed any light I would be grateful. To be honest I'm not a person who likes conflict so the way I was treated as left me a bit dejected. Thanks in advance.

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi, sorry if someone has posted a similar question before.

    I bought some jewelled sandals from Tesco in May 2014. I had no problems with them until yesterday when one of the jewels come off.

    Today I went into Tesco I asked for a refund. I was told that it was their policy not to offer a refund after 28 days but offered me an exchange. I advised that it was actually a refund I wanted. The customer services lady had to get her manager to approve this. The manager came out and was incredibly rude to me but eventually agreed to refund me as there was clearly a fault with the goods and they actually had a few customers return the same goods before for the same reason.

    I didn't want an exchange as:
    a) clearly their sandals won't last long; and
    b) given how rude the manager was to me I don't want to shop there again.

    My question is whether you have the right to request a refund if a fault develops after you have bought them.

    I've done some research and in some places states that you only have the right to a refund within 28 days for faulty goods (no good if the fault develops not long after the 28 days). In other places it states that goods must be of satisfactory quality, which means they should last a reasonable time (reasonable not defined legally) as long as you haven't accepted the goods.

    If anyone can shed any light I would be grateful. To be honest I'm not a person who likes conflict so the way I was treated as left me a bit dejected. Thanks in advance.
    Your rights entitle you to a "reasonable" period in which to accept or indeed reject an item that does not conform to contract for a full refund. It can easily be argued in this instance that 28 days is more than enough of a reasonable time for acceptance, so yes the retailer is allowed to offer an alternate remedy.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My question is whether you have the right to request a refund if a fault develops after you have bought them.
    You certainly do have the right to ask for a refund.

    By 28 days, the sandals will have been accepted.
    The seller has to provide a remedy, which could be a repair, replacement or refund (which could be a partial refund, depending on the use you have had) if the goods are deemed inherently faulty.

    However, you do not have the right to insist upon a remedy that is disproportionately costly.

    It appears in this case that Tesco have decided that the goods are inherently faulty, and offered you a replacement... as is their right.

    Effectively, the seller can offer the cheapest remedy.

    You chose to argue and Tesco decided it wasn't worth the aggro and provided a refund, which was certainly more than they were obliged to do.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    Hi, sorry if someone has posted a similar question before.

    I bought some jewelled sandals from Tesco in May 2014. I had no problems with them until yesterday when one of the jewels come off.

    Today I went into Tesco I asked for a refund. I was told that it was their policy not to offer a refund after 28 days but offered me an exchange. I advised that it was actually a refund I wanted. The customer services lady had to get her manager to approve this. The manager came out and was incredibly rude to me but eventually agreed to refund me as there was clearly a fault with the goods and they actually had a few customers return the same goods before for the same reason.

    I didn't want an exchange as:
    a) clearly their sandals won't last long; and
    b) given how rude the manager was to me I don't want to shop there again.

    My question is whether you have the right to request a refund if a fault develops after you have bought them.

    I've done some research and in some places states that you only have the right to a refund within 28 days for faulty goods (no good if the fault develops not long after the 28 days). In other places it states that goods must be of satisfactory quality, which means they should last a reasonable time (reasonable not defined legally) as long as you haven't accepted the goods.

    If anyone can shed any light I would be grateful. To be honest I'm not a person who likes conflict so the way I was treated as left me a bit dejected. Thanks in advance.
    You don't even have a right to refund within 28 days, as has been said it's within a reasonable period which will clearly differ from one product to another.

    I very much doubt you will never shop there again...all bluster.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Although i'm sure the laws changing soon specifying 28 days as the period after which acceptance is deemed to have occured
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker

    I very much doubt you will never shop there again...all bluster.

    You might be right. Some also have principals though. I remember getting ripped off by a large electrical store. For twenty years I still wouldn't buy from them.
    Ask me no questions, and I'll tell you no lies
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