refund refused

LilElvis

Oakdene wrote: »

You cannot give terms of contract to a party after the agreement has been made. The contract is entered into by both parties when money changes hands for goods/services & as a result if the only notice of a returns policy is on a receipt it is not allowing the consumer to make a fully informed choice on the matter. There is a case study in Business Law but I do not have the name of it to hand at the moment, I will post it when I find it.

Look up the SOGA. This gives a customer certain rights, and a right to return goods which are neither faulty or not as described isn't one of them (if the purchase is made in store). If a shop wishes to offer a no-quibble return policy then this is purely a goodwill gesture in furtherance of good customer relations - not a legal obligation. If they then wish to state that returns can only be made on the first Tuesday of each month, between 9 and 9.15 and that the customer must be dressed as a banana then that would be entirely their prerogative.

wealdroam

Oakdene wrote: »

You cannot give terms of contract to a party after the agreement has been made. The contract is entered into by both parties when money changes hands for goods/services & as a result if the only notice of a returns policy is on a receipt it is not allowing the consumer to make a fully informed choice on the matter. There is a case study in Business Law but I do not have the name of it to hand at the moment, I will post it when I find it.

You seem to be suggesting that every shop has to offer the opportunity for goods to be returned for a refund unless there is a notice saying something different.

In fact, the opposite is true... no shop has to offer a refund in these circumstances unless their policy states otherwise.

Stating "no refunds on returns for change of mind reasons" (or something similar) on the receipt would be perfectly acceptable, because it is not attempting to alter the contract... just repeating it.

All sales in a shop should be considered final unless the seller offers an enhanced returns policy.

LilElvis

wealdroam wrote: »

You seem to be suggesting that every shop has to offer the opportunity for goods to be returned for a refund unless there is a notice saying something different.

In fact, the opposite is true... no shop has to offer a refund in these circumstances unless their policy states otherwise.

Stating "no refunds on returns for change of mind reasons" (or something similar) on the receipt would be perfectly acceptable, because it is not attempting to alter the contract... just repeating it.

All sales in a shop should be considered final unless the seller offers an enhanced returns policy.

Oakdene made the same assertions a few months ago on this thread: https://forums.moneysavingexpert.com/discussion/comment/67289845#Comment_67289845. Obviously didn't read/believe the responses that were received that time either.

unholyangel

Oakdene wrote: »

You cannot give terms of contract to a party after the agreement has been made. The contract is entered into by both parties when money changes hands for goods/services & as a result if the only notice of a returns policy is on a receipt it is not allowing the consumer to make a fully informed choice on the matter. There is a case study in Business Law but I do not have the name of it to hand at the moment, I will post it when I find it.

I think you're getting confused. While neither party can retrospectively change the terms of an agreement and a consumer cannot be bound to hidden terms (no need for case law, theres statute in place that stipulates that), that has no bearing on this situation.

Where there are no additional contractual terms, the default position of the law is that you are not entitled to a refund for a change of mind.

Zandoni

LilElvis wrote: »

It states in the OP that they do offer exchanges.

Not refunds though

peachyprice

Oakdene wrote: »

If they do not have a clear display about their refunds policy BEFORE you make the purchase you can challenge them. It is not acceptable, by consumer law, to only have this policy displayed on receipts as you will have entered into the contract by the time you have the receipt.




Go back to the store & if they do not have appropriate notices outlining their returns policy then you can ask for a refund.

All Superdry stores have the policy dispalyed at the till point and I am yet to buy something without being told as well.

NotRichAtAll

sports direct are the same i grabbed a mens t_shirt size XL got it home could not even get in it, took it back.....gift voucher....was told all suppliers use different sizing methods. fair comment i suppose, my fault for not trying on, next time i see the geezer at the bus stop waiting to get home i shall stop my bus and say to him sorry buddy you cannot get on tonight and when he ask's why i shall take great delight in saying "because you did'nt give me a bloody refund".......:)

visidigi

JethroUK wrote: »

Might be best if you ignore me in future and I'll return the favour

The poster is challenging "the description" and proved right, they are entitled to refund no matter how/where/when they bought it

Apologies for making this clear to you

You want me to ignore you when you claim you're right?

What a novelty.

Sorry but you're still not right. No matter what you may think.

KRDmum

I will probably add fuel to the Fire. I have purchused a 7-8 years size snowsuit for my 6y.o only to find out that it fits him now and will be far too small for the winter, he wasn't with me at the time to try it on, but surely it was meant to fit him. Anyway, so today I had a very 'heated' discussion with the manager, who point blank refused me a refund, and of course couldn't give me a different size. They offered me a gift card, which is no use to me, because I don't shop there, in rage I just snatched the snow suit back and walked out if the store, I have never done anything like that in my life and was really surprised how far she had pushed me. 'It's not fit for purpose' does not entitle me to a refund as 'all companies have different sizing'. So how are you meant to buy anything for a kid as a present, knowing that it might not fit?

photome

KRDmum wrote: »

I will probably add fuel to the Fire. I have purchused a 7-8 years size snowsuit for my 6y.o only to find out that it fits him now and will be far too small for the winter, he wasn't with me at the time to try it on, but surely it was meant to fit him. Anyway, so today I had a very 'heated' discussion with the manager, who point blank refused me a refund, and of course couldn't give me a different size. They offered me a gift card, which is no use to me, because I don't shop there, in rage I just snatched the snow suit back and walked out if the store, I have never done anything like that in my life and was really surprised how far she had pushed me. 'It's not fit for purpose' does not entitle me to a refund as 'all companies have different sizing'. So how are you meant to buy anything for a kid as a present, knowing that it might not fit?

This is one time i agree with zandoni....dont shop at superdry, shop somewhere that will refund if it doesnt fit