Is marks & spencer going against their returns policy?

showmethemoneyuk

I bought an item (dress) in a sale. Only tried on once, therefore unused, and decided I did not like it,and attempted to return it the next day, in the same condition as bought. They refused completely on a refund and even on an exchange, based on the fact that the item had 'now' on the label (eg was £70, 'now' £30), which sounded nonsensical.
Marks & Spencer clearly states that items bought in a sale in a store, can be refunded provided they are in the same condition as bought, with labels intact (which my item still is)
http://help.marksandspencer.com/support/returns-and-refunds/return-sale-item

I have emailed M&S and they have replied, stating that they cannot give a replacement,refund or credit (I wanted a refund) based on the fact that they no longer accept returns on items that are on their 'last reduction'. This is extremely poor, and sounds like a fly workaround to what they have on their website stating M&S's official terms, given that most items reduced in any store will usually only ever be reduced once.The M&S email also stated that they were sorry as they 'forgot' to show signs around this very store to verify this policy. They were not clear as to whether this was new or not.

Given that this information was not available in store at the time of purchase, that it does not seem to be stated online, and the very fact that a refund for store bought sales items is stated as acceptable on the website, I don't know what to do. I do not think I will be shopping with them again. I have emailed trading standards in my area, but all they replied to me with is an official non local phone number to contact, which I suspect won't exactly be low cost.

I suspect I will have to just keep pushing with trading standards to get anywhere. I am trying to find out what a customers rights truly are in a situation like this, if anyone has had any past experience with the same store or in a similar situation, and can tell me if M&S really can do what it wants or not

unholyangel

Were you told at the time of purchase that the normal returns policy applied or were you given details of the returns policy without being told of the exemptions?

rustyboy21

Did you buy it from one of their outlet stores? They do tell you that they are reduced to clearance prices, far more than a normal reduction and that you cannot return them. I bought a fantastic shirt from one which started off at £55 and I got it for £3, and was told couldn't bring it back, unless it was faulty, which it wasn't


It is my favourite shirt and every one comments on how nice it is

showmethemoneyuk

No previous warnings at all. I wasn't told at the time of any issue in a possible return relating to this item, eg if this return policy may differ judging by how much the item may have been reduced by,or how many times it may have possibly been reduced. It was bought on the high street in a major store.

As well as the website on their reduced items refund policy, even the receipt has the standard returns info on it at the back. I am interested in the fact that M&S has apologised via email, stating that the store I was in should have had warning signs. They state they will now tell them to put up signs to correct this. In theory you would think that may work as an excuse for a full refund or at least an exchange, but I suspect after putting them up they could argue that the signs were always there.

I don't personally see what the fuss is about in simply exchanging the item. You would think at least an exchange and keeping a customer was more important to than rid of that unwanted item and keeping my money.. it would seem that is not the case, especially when they know how popular they are

unholyangel

showmethemoneyuk wrote: »

No previous warnings at all. I wasn't told at the time of any issue in a possible return relating to this item, eg if this return policy may differ judging by how much the item may have been reduced by,or how many times it may have possibly been reduced. It was bought on the high street in a major store.

As well as the website on their reduced items refund policy, even the receipt has the standard returns info on it at the back. I am interested in the fact that M&S has apologised via email, stating that the store I was in should have had warning signs. They state they will now tell them to put up signs to correct this. In theory you would think that may work as an excuse for a full refund or at least an exchange, but I suspect after putting them up they could argue that the signs were always there.

I don't personally see what the fuss is about in simply exchanging the item. You would think at least an exchange and keeping a customer was more important to than rid of that unwanted item and keeping my money.. it would seem that is not the case, especially when they know how popular they are

Well returns policies arent statutory rights, they are however contractual rights. If you were informed of their returns policy without being told of exemptions, then that returns policy is part of your contract and by refusing to abide by it, they are in breach of contract.

Personally, I wouldnt go beyond sending the above (presuming we're talking about £20 or £30) and then choosing not to spend money with them again. For the time involved it wont be worth it and if you haven't tried on items, always best to ask at the time of purchase what the return rights are - as unless they offer a returns policy, you have no statutory right to return for change of mind.

Valli

showmethemoneyuk wrote: »

I suspect I will have to just keep pushing with trading standards to get anywhere. I am trying to find out what a customers rights truly are in a situation like this, if anyone has had any past experience with the same store or in a similar situation, and can tell me if M&S really can do what it wants or not

And you won't get anywhere, unfortunately.
Because the item isn't faulty M&S are under no obligation to refund or replace at all. So yes; they can do what they want!

agrinnall

I would argue that as they have already admitted not telling you about the exclusion in this store that if you go to the man at the top you might well get your money back.

The CEO of M&S is Marc Bolland, and their email addresses take the format x.y@marks-and-spencer.com.

gik

Valli wrote: »

And you won't get anywhere, unfortunately.
Because the item isn't faulty M&S are under no obligation to refund or replace at all. So yes; they can do what they want!

If M&S own T&C's say they will refund Sale items (which they appear to do) they are obligated to do just that.

POPPYOSCAR

As others have said you have no 'rights' as such but I would think if you contacted HO and explained that you were not informed it could not be returned they will probably do something about it.

Usually when I have ever bought final reductions there is a sign up that they they cannot be returned and the label inside is marked with a black pen and or cut. Also they have always informed me when paying that it cannot be returned.

tomtontom

POPPYOSCAR wrote: »

As others have said you have no 'rights' as such but I would think if you contacted HO and explained that you were not informed it could not be returned they will probably do something about it.

Usually when I have ever bought final reductions there is a sign up that they they cannot be returned and the label inside is marked with a black pen and or cut. Also they have always informed me when paying that it cannot be returned.

The OP has contractual rights, which in this context are equal to statutory rights.

susancs

agrinnall wrote: »

I would argue that as they have already admitted not telling you about the exclusion in this store that if you go to the man at the top you might well get your money back.

The CEO of M&S is Marc Bolland, and their email addresses take the format [EMAIL="x.y@marks-and-spencer.com"]x.y@marks-and-spencer.com[/EMAIL].

I would do as agrinnall sugguests and email the CEO. Although it will usually get allocated to a member of the senior team, I suspect it may well get a better response than dealing with customer services. I would word the email along the lines of

Dear X,

As a regular Marks and Spencers customer, who has always in the past received excellent customer service from your orgainisation, I am disappointed that I have to contact you, to request your help in obtaining a refund on a £30 sale dress I purchased in one of your stores. I was refused a refund, despite meeting the terms the conditions of your published returns policy.

I purchased a dress in the sale on x date at x store. I adhered to the terms and conditions of the returns policy printed on the reverse of my receipt by returning the dress the following day, in a new with the tags on condition and with the purchase receipt. I was informed by the in-store customer services assistant that as the dress was a sale item I was not entitled to a refund. I then contacted Head office Customer services via email and the reply email stated that although it was accepted that the store I had purchased from had not made customers aware that sale items were excluded from the usual returns policy published on the website and on till receipts, by having the appropriate signs up, this was the policy and I was not entitled to a refund.

The changing of the usual published returns policy, without informing customers at the point of sale is in my opinion misleading and therefore I would like Marks and Spencers to honour the returns policy stated on my purchase receipt and allow me to return the dress for a refund.

I look forward to your reply.