Refund for a Bundle

HappyMJ

SheilaMargaret wrote: »

Thanks to you and the other seniors for bringing me to sobering reality. I had consulted with Citizens Advice Bureau, and I thought it was an open and shut case.

I do have a Plan B, which is the store's Return Policy, as published in the store.This ostensibly give the right to return within 14 days. However, the store has refused this on the grounds that the goods were sold in a "sales promotion". This condition is not stated in the Return Policy.

That in store Return's Policy is discretionary. They don't have to abide by it if they choose not to.

SheilaMargaret

unholyangel wrote: »

Doesn't matter if it came as a blister pack or not, if there was only 1 price for the bundle (rather than each item being priced individually and a discount applied) and OP wants to reject, then they need to reject the entire bundle because it forms a commercial unit.

When priced separately and some goods do not conform, you have the option of rejecting all of the goods or just rejecting those that don't conform and keep the rest (however given OP refers to separate transactions & receipts, they wouldn't have the right to return those unless the goods supplied in those transactions failed to conform either).

OP as for the returns policy, do you have a copy of this we could look at?

Thank you very much. As you have nailed the "bundle refund" issue, and the Returns Policy is a different topic, I have started another thread for that discussion.

unholyangel

HappyMJ wrote: »

That in store Return's Policy is discretionary. They don't have to abide by it if they choose not to.

Not true.

While they don't have to offer a returns policy over and above your statutory rights, if they do offer one, its legally binding on them because it forms part of the contract at the time of sale.

However they are free to place restrictions that cannot be placed on statutory rights (such as excluding cosmetics, electrical items or other specific goods from their returns policy).

wealdroam

HappyMJ wrote: »

That in store Return's Policy is discretionary. They don't have to abide by it if they choose not to.

Although the buyer has no statutory right to a refund if the goods aren't faulty, I would suggest that the store's returns policy forms part of the contract between buyer and seller.

Therefore, having specified the terms of their returns policy, the store cannot subsequently change those terms.

SheilaMargaret

unholyangel wrote: »

Doesn't matter if it came as a blister pack or not, if there was only 1 price for the bundle (rather than each item being priced individually and a discount applied) and OP wants to reject, then they need to reject the entire bundle because it forms a commercial unit.

When priced separately and some goods do not conform, you have the option of rejecting all of the goods or just rejecting those that don't conform and keep the rest (however given OP refers to separate transactions & receipts, they wouldn't have the right to return those unless the goods supplied in those transactions failed to conform either).

I actually have TWO packs of the damaged item. One is damaged and one is not. They are in different bundles of hugely differing prices. Can I choose which bundle to return?

The expensive bundle also has some items that have not been supplied. When I asked about it, they said they were "free refills" that I could request the store to ship when the same item in another bundle is finished. They are not marked as such on the receipt. Could this be grounds for return?

marliepanda

Is this one of those dodgy stalls in shopping centres that sell diamond and gold face creams for crazy prices?

Doesn't sound like a debenhams or a house of Fraser type purchase of cosmetics...

The returns policy quoted in this thread differs to the one in the other thread posted by OP, which suggests a different outcome...

unholyangel

marliepanda wrote: »

Is this one of those dodgy stalls in shopping centres that sell diamond and gold face creams for crazy prices?

Doesn't sound like a debenhams or a house of Fraser type purchase of cosmetics...

The returns policy quoted in this thread differs to the one in the other thread posted by OP, which suggests a different outcome...

I'm thinking it could possibly be selfridges. Could be a hundred and one other retailers mind you Just was the closest match to the policy OP quoted on her other thread.

unholyangel

SheilaMargaret wrote: »

I actually have TWO packs of the damaged item. One is damaged and one is not. They are in different bundles of hugely differing prices. Can I choose which bundle to return?

The expensive bundle also has some items that have not been supplied. When I asked about it, they said they were "free refills" that I could request the store to ship when the same item in another bundle is finished. They are not marked as such on the receipt. Could this be grounds for return?

If the item is the exact same in both bundles, no one would realistically know if you switched them (unless perhaps they have identifying serial numbers like electronic equipment is prone to having).

As for the non-supply issue, what was agreed at the time of sale regarding these items and what/when they were to be supplied?

SheilaMargaret

unholyangel wrote: »

If the item is the exact same in both bundles, no one would realistically know if you switched them (unless perhaps they have identifying serial numbers like electronic equipment is prone to having).

As for the non-supply issue, what was agreed at the time of sale regarding these items and what/when they were to be supplied?

I honestly cannot remember. I was actually in a semi-hypnotic trance from the sales techniques. It was only when the euphoric trance wore off a few hours later that I thought "What the hell have I done!"

SheilaMargaret

SheilaMargaret wrote: »

I honestly cannot remember. I was actually in a semi-hypnotic trance from the sales techniques. It was only when the euphoric trance wore off a few hours later that I thought "What the hell have I done!"

On the question of sales techniques, these do breach the rules stated in the Consumer Protection
from Unfair Trading Regulations, e.g. "limited time only" (hypnosis is not listed!). Am I right in saying that this does not help me with my refund claim; it only provides grounds for a complaint to Trading Standards?