Store Refund Policy

SheilaMargaret

I have a problem returning cosmetic goods for refund. The store has a Return Policy in the store, which seems pretty straightforward. But when you look closely there are ways that the store can weasel out of accepting the return. What they told me is that the goods were sold in one of their "frequent sales promotions" so I am not entitled to a return.

Does the store have this kind of wide discretion in interpreting the Refund Policy? Or must they comply with the published policy without resorting to unstated preconditions? It is quoted below:

RETURN POLICY
We want you to be able to shop with confidence.
That is why we offer a 14 day returns policy for nearly all products.

All returns must be requested within 14 days of delivery or collection. Products must be returned to us within 14 days of the request and in a saleable condition so that we can process the return. All returned products must be in their original packaging with garment tags and any other security devices or seals still attached an in tact.

NON RETURNABLE ITEMS
In some instances, we are unable to offer refunds or exchanges. This includes personalised and perishable products as well as products which have their protective seals or strips removed or damaged. This does not affect your statutory rights.

Returning an order is easy!
Please go to [website address blocked]
Or email to [email address blocked][/email]

wealdroam

SheilaMargaret wrote: »

I have a problem returning cosmetic goods for refund. The store has a Return Policy in the store, which seems pretty straightforward. But when you look closely there are ways that the store can weasel out of accepting the return. What they told me is that the goods were sold in one of their "frequent sales promotions" so I am not entitled to a return.

Does the store have this kind of wide discretion in interpreting the Refund Policy? Or must they comply with the published policy without resorting to unstated preconditions? It is quoted below:

RETURN POLICY
We want you to be able to shop with confidence.
That is why we offer a 14 day returns policy for nearly all products.

All returns must be requested within 14 days of delivery or collection. Products must be returned to us within 14 days of the request and in a saleable condition so that we can process the return. All returned products must be in their original packaging with garment tags and any other security devices or seals still attached an in tact.

NON RETURNABLE ITEMS
In some instances, we are unable to offer refunds or exchanges. This includes personalised and perishable products as well as products which have their protective seals or strips removed or damaged. This does not affect your statutory rights.

Returning an order is easy!
Please go to [website address blocked]
Or email to [email address blocked][/email]

Did you see the word nearly in there?

SheilaMargaret

wealdroam wrote: »

Did you see the word nearly in there?

Yes. I regard that as a "weasel word". Does it mean that the store can add any precondition at their discretion, or does it simply mean that the return must comply with the conditions stated in the Return Policy?

wealdroam

SheilaMargaret wrote: »

Yes. I regard that as a "weasel word". Does it mean that the store can add any precondition at their discretion, or does it simply mean that the return must comply with the conditions stated in the Return Policy?

It means that not all of their products are covered by their returns policy.

If you wanted to find out whether the product you were about to purchase was covered by that policy, then that is the time to ask.

Now that you are having second thoughts and wish to return all of your purchses, you have no way of knowing whether they are adding "any precondition at their discretion" or not.

Browntoa

so this is not the "damaged "item in your other thread about the same subject


https://forums.moneysavingexpert.com/discussion/5470277

unholyangel

OP the policy you've quoted....I'd hazard a guess that that is the policy on their website relating to distance sales under the Consumer Contract (Information, Cancellation & Additional Charges) Regulations rather than the in-store returns policy.

LilElvis

Many stores exclude items such as cosmetics from their returns policy (for change of mind) for hygiene reasons. Ditto for earrings, knickers, pillows, duvets ......

agrinnall

Browntoa wrote: »

so this is not the "damaged "item in your other thread about the same subject


https://forums.moneysavingexpert.com/discussion/5470277

Well, yes and no:

"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."

SheilaMargaret

wealdroam wrote: »

It means that not all of their products are covered by their returns policy.

If you wanted to find out whether the product you were about to purchase was covered by that policy, then that is the time to ask.

Now that you are having second thoughts and wish to return all of your purchses, you have no way of knowing whether they are adding "any precondition at their discretion" or not.

I did not notice the weasel word at time of purchase. Who would? In any case, would any verbal assurance have any legal weight?

The store's reason for refusing refund is that the goods were on sale. There is no indication of sale or discount on the receipt.

A further note. There is a different wording on the receipt, which is far more restrictive. Does this override the policy published in-store?
"Due to the nature of our products and in accordance with trading standard and fair trade regulations, we reserve the right to withhold refunds or exchanges of cosmetic products.
No refunds or exchanges after 14 days of purchase date
This does not affect your statutory rights"

unholyangel

SheilaMargaret wrote: »

I did not notice the weasel word at time of purchase. Who would? In any case, would any verbal assurance have any legal weight?

The store's reason for refusing refund is that the goods were on sale. There is no indication of sale or discount on the receipt.

A further note. There is a different wording on the receipt, which is far more restrictive. Does this override the policy published in-store?
"Due to the nature of our products and in accordance with trading standard and fair trade regulations, we reserve the right to withhold refunds or exchanges of cosmetic products.
No refunds or exchanges after 14 days of purchase date
This does not affect your statutory rights"

Erm its a lot more complicated than that.

For one disclaimers that say "no refund/exchanges" or "no refund/exchange on sale items" or even "no refund/exchange unless faulty" are prohibited as a misleading action under the consumer protection from unfair trading regulations. A disclaimer that is likely to mislead consumers about their rights can not be made fair by adding "this does not affect your statutory rights".

Furthermore because you were likely only given the receipt after you had already paid & entered into a legally binding contract, any terms on that receipt wouldn't be legally binding.

However, I'd expect their policy to exclude cosmetics in general anyway - as above they're usually excluded from returns policies.

SheilaMargaret

unholyangel wrote: »

However, I'd expect their policy to exclude cosmetics in general anyway - as above they're usually excluded from returns policies.

the main business of the store is cosmetics. I'm not aware that they sell anything else.