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Denied refund

My son bought two bottle of Perfume from Next and unfortunately it is no longer required. The products are shrink wrapped and have been unopened and were only bought 2 weeks ago.
He went to the store today to return them for a refund and was told that they do not accept perfume/deodorant back for refunds. I am writing here to ask if that is legal as I thought you could return unopened/unused items back within 30 days for a refund (except Ear rings and underwear because of hygiene reasons).
I await any help with this and thank you in advance
Ian
«1

Comments

  • Lobell
    Lobell Posts: 621 Forumite
    No rights at all for changing your mind. You would be entitled to refund/exchange if the goods were faulty but not simply because you no longer want or need thr product. Some shops will do so as a gesture of good will (or in the interests of good customer service) but they are under no obligation to do so.
  • Yep, you have zero rights to return something to a shop because you've changed your mind. This is different for online packages, though.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Not faulty therfore no obligation for retailer to refund.

    Almost right. If the store offers a returns policy then it forms part of the contract.

    I am not sure if the Next policy excludes perfumes/aftershaves.
  • d123
    d123 Posts: 8,748 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    My son bought two bottle of Perfume from Next and unfortunately it is no longer required. The products are shrink wrapped and have been unopened and were only bought 2 weeks ago.
    He went to the store today to return them for a refund and was told that they do not accept perfume/deodorant back for refunds. I am writing here to ask if that is legal as I thought you could return unopened/unused items back within 30 days for a refund (except Ear rings and underwear because of hygiene reasons).
    I await any help with this and thank you in advance
    Ian

    Check the section that says "I changed my mind" in this link.
    I changed my mind about the goods. Does the trader have to give me a refund?

    If you bought the goods in a store then no, you are not entitled to a refund.

    You are only entitled to a refund if goods do not conform to the contract (are faulty) and you reject them soon after you have bought them. Most traders have returns policies that offer more than they are legally required to offer and that allow you to return goods when you have changed your mind - check the terms of the policy as they can vary from trader to trader.

    http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*ADV0050-1011.txt
    ====
  • Lobell wrote: »
    No rights at all for changing your mind. You would be entitled to refund/exchange if the goods were faulty but not simply because you no longer want or need thr product.

    This is incorrect.
    Next have a returns policy and Trading Standards have stated on many occasions that any advertised terms and conditions that are accessible to customers or potential customers before making a purchase must form part of the contract of sale.

    They can't legally state that they will allow change of mind returns in order to entice customers to buy goods then refuse this when a customers wishes to take advantage of it.

    This is their store purchases returns policy and there is no exception stated for perfume or deodorant.
    http://help.next.co.uk/Section.aspx?ItemId=10775
    Returns With Receipts

    We are happy to exchange or refund any item returned in a saleable condition, in its original packaging with its receipt within 28 days* or for items purchased in a sale, within 15 days.
    A refund will be issued by the original payment
    method, to the value of the item printed on the receipt.


  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    Next's return policy states:
    http://help.next.co.uk/Section.aspx?ItemId=10777

    Pierced earrings, food, alcohol or toiletries/grooming products are non returnable for reasons of hygiene and safety - unless faulty. Your legal rights are not affected.
  • cte1111 wrote: »
    Next's return policy states:
    http://help.next.co.uk/Section.aspx?ItemId=10777

    Pierced earrings, food, alcohol or toiletries/grooming products are non returnable for reasons of hygiene and safety - unless faulty. Your legal rights are not affected.

    That returns policy is the one stated for the online orders and those exceptions are the ones permitted under the Consumer contracts regulations.
    If you click on the link for store purchase returns it is very specific
    We are happy to exchange or refund any item
    and on that page there are no exception stated, nor is there a link to any other page where is lists no returnable store purchases.
  • JReacher1
    JReacher1 Posts: 4,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 22 December 2014 at 1:59PM
    That returns policy is the one stated for the online orders and those exceptions are the ones permitted under the Consumer contracts regulations.
    If you click on the link for store purchase returns it is very specific

    and on that page there are no exception stated, nor is there a link to any other page where is lists no returnable store purchases.

    That's not true. If you go to the page.

    http://help.next.co.uk/Section.aspx?ItemId=10774

    It details the returns in store policy. Which contains your link which says "all" and in addition an exception policy link for instore purchase which as cte1111 has posted excludes toiletries.

    I accept the word "all" is confusing but as they have an exception policy in the same section it's perfectly legal.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Unfortunately a receipt is post-contract information and so has no bearing on the T&Cs of the contract. If there is no pre-contract info to exclude the perfume then Shaun is correct.
  • Oakdene
    Oakdene Posts: 2,560 Forumite
    1,000 Posts Combo Breaker
    if there is no clear display at the check out then you should be able to take it back, as you will have already entered into the contract by the time you read your receipt.
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
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