MSE News: Revealed: 13 major stores' web return rights are WRONG

[Deleted User]

nickcc wrote: »

Not sure if this is the correct place for this post but I tried to return an item to B&Q without a paper receipt but was refused. As a Diamond club member I checked the B&Q website which clearly stated that no paper receipt was required for returns or exchanges as the on line receipt was all that was required. On contacting B&Q customer services I was informed that a paper receipt was still required but if I jumped through endless hoops they could bend the rules. Has any other forum member experienced the same obstructive problems or is it just me.

If you bought online then no paper receipt will ever have been issued, of course. However, if you bought in store then B&Q can and do insist on a paper receipt.

So are you saying you bought in store and then quoted them the terms for an online sale?

einsteinagogo

My understanding was that, if I notified them within 14 days, of receiving the item, I have 14 days cooling off period.

they collect the item, or I send the item back, and they refund my Order inc Postage.

I still have the item, at present they are stating we will collect it and send it away for testing, and if found faulty we will refund you.

It's not faulty.....

it's not fit for purpose, if that's a route I want to go down.... but I was trying to go down, the "Old Distant Selling Act" route...which became Consumer Contract .....

as for the PDF Invoice supplied there is very little on it, other than price, order cost, and Web Address and Registered Address.

wealdroam

einsteinagogo wrote: »

My understanding was that, if I notified them within 14 days, of receiving the item, I have 14 days cooling off period.

they collect the item, or I send the item back, and they refund my Order inc Postage.

I still have the item, at present they are stating we will collect it and send it away for testing, and if found faulty we will refund you.

It's not faulty.....

it's not fit for purpose, if that's a route I want to go down.... but I was trying to go down, the "Old Distant Selling Act" route...which became Consumer Contract .....

as for the PDF Invoice supplied there is very little on it, other than price, order cost, and Web Address and Registered Address.

If you want to return the thing simply because you no longer want it or it isn't suitable for your needs, then yes it is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that allows that.

Check again all your emails - order confirmation, order acceptance, invoice and any others. Was there perhaps a delivery note packed with the goods with this info on it?
If there is nothing stating that the consumer covers the cost of return in this instance (note that it does state who covers the cost of the return in their T&Cs) then Toolstation must cover that cost.

Was it a claim under Section 75 of The Consumer Credit Act you made with your credit provider? Under S75 the credit provider is equally responsible for performance of the contract.
I would be speaking to them again and ask them about their complaints procedure. Follow that procedure and if they do not reach a satisfactory conclusion, complain to The Financial Ombudsman Service.

einsteinagogo

"If you want to return the thing simply because you no longer want it or it isn't suitable for your needs, then yes it is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that allows that."

and that's the issue that Toolstation are ignoring....

they say, nothing to do with them call Manufacturer!

or send it back we will test it if faulty we will refund you...if it's faulty.

and I don't want to send it back.....without getting it confirmed.

Not sure it was a Claim under Section 75....They stated a dispute, as Section 75 was long winded and quicker.


So when Toolstation, do not play ball under "Distance Selling Regulations", despite doing what is the recommended action, sending a letter Recorded Delivery, sending an email to notify them, and ask for details of return, and refund....

and they say, speak to Manufacturer....

what is the next step ?

wealdroam

einsteinagogo wrote: »

they say, nothing to do with them call Manufacturer!

Having read MSE's Consumer Rights guide, you of course know different:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

einsteinagogo wrote: »

Not sure it was a Claim under Section 75....

Oh... then maybe they didn't act appropriately.
Read here about a Section 75 claim.

einsteinagogo wrote: »

I think I'll call Which? Legal.

Do let us know how you get on.

einsteinagogo

So....we may have cross posted after I edited....

So....what are my next steps now....

I could write to Credit Card company, e.g. do an official Section 75

Send another letter Recorded Delivery to Toolstation...

Call Consumer Advice again... see what they think the next steps are...

Call Which Legal ?

wealdroam

einsteinagogo wrote: »

So....we may have cross posted after I edited....

So....what are my next steps now....

I could write to Credit Card company, e.g. do an official Section 75

Send another letter Recorded Delivery to Toolstation...

Call Consumer Advice again... see what they think the next steps are...

Call Which Legal ?

As I said earlier, complain to your CC co about the conclusion of your earlier discussions with them. Get a 'deadlock' letter from them or something in writing confirming their stance, and then report them to the FOS.

I have no experience of Which? Legal.

nickcc

Moneyineptitude wrote: »

If you bought online then no paper receipt will ever have been issued, of course. However, if you bought in store then B&Q can and do insist on a paper receipt.

So are you saying you bought in store and then quoted them the terms for an online sale?

If you read the Diamond club info it states quite clearly that you no longer have to worry about paper receipts if you want to exchange or get refunds as your receipt is now stored on line, you also receive an on line receipt for any store purchase made, nowhere does it differentiate between in store or on line purchases.

[Deleted User]

nickcc wrote: »

If you read the Diamond club info it states quite clearly that you no longer have to worry about paper receipts if you want to exchange or get refunds as your receipt is now stored on line, you also receive an on line receipt for any store purchase made, nowhere does it differentiate between in store or on line purchases.

Clearly, staff in your local store have not been appraised of this. However, do note that this is not a legal entitlement, but something B&Q have introduced themselves.

nickcc

Moneyineptitude wrote: »

Clearly, staff in your local store have not been appraised of this. However, do note that this is not a legal entitlement, but something B&Q have introduced themselves.

I'm aware that this is not a legal entitlement but it is company policy. As regards local staff being unaware, when I contacted their customer care staff I received the same incorrect information as their local store staff had given me, perhaps it's just lack of training overall.