Returns rights help! Ordered over the phone but paid & collected in store

jp0111

Hi there

Please could you help. I recently purchased an item from a local shop - I rang to see if they had the item in stock, they didn't but offered to order it in for me from the supplier. I asked at the time if I could return it if it didn't fit (they said yes)

I collected the order this weekend (about 4 weeks after placing the order) and paid for it on collection. Unfortunately it doesn't fit so went to return it yesterday but the shop is saying that I can't return it as they ordered in specially.

The store made no mention on the phone or on collection that there was no returns on this item - their normal policy is 14 days and indicates this on my receipt.

Where do I stand with this? I'd obviously like a refund but the store is trying to say that their supplier won't accept the item back.

If I had known there was no returns I would never have placed the order. Please could someone help!

Thanks for your help

DoaM

Do they record their calls?

jp0111

No they don't

wealdroam

jp0111 wrote: »

Hi there

Please could you help. I recently purchased an item from a local shop - I rang to see if they had the item in stock, they didn't but offered to order it in for me from the supplier. I asked at the time if I could return it if it didn't fit (they said yes)

I collected the order this weekend (about 4 weeks after placing the order) and paid for it on collection. Unfortunately it doesn't fit so went to return it yesterday but the shop is saying that I can't return it as they ordered in specially.

The store made no mention on the phone or on collection that there was no returns on this item - their normal policy is 14 days and indicates this on my receipt.

Where do I stand with this? I'd obviously like a refund but the store is trying to say that their supplier won't accept the item back.

If I had known there was no returns I would never have placed the order. Please could someone help!

Thanks for your help

You have no statutory right to a refund or exchange.

You are entirely reliant on the contract agreed between you.
I imagine the seller will say that he told you that a refund wouldn't be possible so this will be decided on who is telling the most believable story.

Whether or not his supplier will accept a return is his problem not yours.

jp0111

Thanks for your replies. I will have to cross my fingers and hope the retailer sticks to their normal returns policy.

Thanks for your help

[Deleted User]

jp0111 wrote: »

I will have to cross my fingers and hope the retailer sticks to their normal returns policy.

I thought they had already refused to refund you?

jp0111

They have refused - they were calling me later today to discuss it further so I was hoping to appeal the decision if I had any rights.

[Deleted User]

jp0111 wrote: »

They have refused - they were calling me later today to discuss it further so I was hoping to appeal the decision if I had any rights.

So any refund subsequently granted will be goodwill on the part of the retailer. You have no legal right to a refund or exchange unless the item was faulty.

DoaM

Moneyineptitude wrote: »

You have no legal right to a refund or exchange unless the item was faulty.

Except ... OP may have a contractual right (hence legal under the law of contract) as the seller advised verbally that a return was allowed. The problem will be proving it.

OP - did the store amend your receipt to remove the change of mind return option? If not then they can't unilaterally change the terms of contract.

[Deleted User]

DoaM wrote: »

the seller advised verbally that a return was allowed. The problem will be proving it.

Agreed.
I doubt the retailer will admit to this, probably suggesting the OP is mistaken.

DoaM wrote: »

did the store amend your receipt to remove the change of mind return option? If not then they can't unilaterally change the terms of contract.

The full terms of their Return Policy are unlikely to be printed in full on a tiny receipt.

I'd advise the OP to push for a goodwill gesture...

Caz3121

I wonder what they would have done if you had tried the item on in store (in hindsight that would have been a good idea) - would they have forced you to pay for the item?