Marks and Spencer 70% sale

maddie67

On Saturday I bought a few items in my local M&S store, from the rails with 70% discount signs on. My Husband also bought some items, we both got served at the same time by 2 different sales assistants, alongside each other.

When I got home, one of the dresses I bought had black pen marks on the back, which I hadnt seen, so I said I would take it back. My Hubby then told me that I couldnt return the item - his sales assistant told him all 70% off items were non returnable. I hadnt been told this, but on checking my receipt (which had been put into the bag by my sales assistant), sure enough, it said all items were non returnable.

As I believed this dress was not fit for purpose, I was sure that I had grounds for a refund, and last night I returned to the store.

After much arguing and protesting, I did finally get my refund.

First of all the sales assistant said I couldnt return it (because it was a clearance item?!) so I explained that as the item was faulty, I could. She called her Manager, who advised her that no, it couldnt be returned. Sales assistant then had the cheek to ask me why I hadnt noticed the ink when I was buying it, (erm, it was on the back of the dress and it never occurred to me to check), then she asked 'Could you not just try washing it?' to see if the ink would come out before returning it...

She then said the item had been reduced because of the pen marks, so I asked her why this wasnt stated on the label, and were all of the items on the rails reduced because they were faulty or because they were 'clearance', items as the signs said.

I was then asked if I would like to speak with the Manager, even tho it wouldnt make any difference, so I said I would love to.

Manager turned up and I explained that I hadnt been told at point of sale that items were non returnable, and that the receipt had been put straight into my bag by the cashier and that no, I hadnt seen the small print on the signs advising that items were non returnable but in any case it was irrelevant because the item was not fit for purpose and I had every right to return it - which was backed up by MSE page on my consumer rights which I presented to her on my phone.

Fair enough I did get my refund eventually, but I had to embarrass myself in front of other shoppers by making a scene - really expected better from M&S.

DoaM

Sales items are generally excluded from M&S usual returns policy. Rights under CCRs (was SOGA) cannot be voided by a company's policy. The problem is that many of the staff believe (or are told) that the company policy is the law and need to be persuaded otherwise.

Well done you for standing up for your rights.

Allegra59

Hi,
I am new to this forum and I need some help, please.
Two months ago I have taken out a membership to The National Trust via a link with a 10 pound M&S voucher. The voucher, I was told by the NT team would arrive from M&S and when I told them that I never recevied it they said I need to deal with M&S directly. However I do not know who to contact at M&S for this. Can anybody help please?

DoaM

Please start your own new thread ... your question has nothing to do with the subject of this thread, other than being loosely related to M&S.

spadoosh

Allegra59 wrote: »

Hi,
I am new to this forum and I need some help, please.
Two months ago I have taken out a membership to The National Trust via a link with a 10 pound M&S voucher. The voucher, I was told by the NT team would arrive from M&S and when I told them that I never recevied it they said I need to deal with M&S directly. However I do not know who to contact at M&S for this. Can anybody help please?

Telephone number on this link

IAmWales

M&S have signs all over stating that final clearance items are non returnable and sold as seen. OP was wrong in her assertion of her rights, they gave a refund to get rid of her.

I can't say I've ever bought an item without looking at the back of it, reduced or full price, you can't tell what it will look like without doing so. Bizarre.

maddie67

IAmWales wrote: »

M&S have signs all over stating that final clearance items are non returnable and sold as seen. OP was wrong in her assertion of her rights, they gave a refund to get rid of her.

I can't say I've ever bought an item without looking at the back of it, reduced or full price, you can't tell what it will look like without doing so. Bizarre.

Bixarre? Not really. Generally, if I like something I never examine it too closely, unless I know it has some kind of fault or cannot be returned

To be honest you cant tell what it will look like until you actually try it on and I didnt do that either as we had only popped into M&S for a coffee... It was a case of saw it, checked the size and bought it, with a few other items from the same rails.

There were a lot of multiples of items on the rails, not just one offs - they werent marked up as 'faulty', just clearance, and incidentally, the other items I bought were perfect. I would most certainly have examined the dress more thoroughly if a) signage had been clearer b) sales assistant had advised they couldnt be returned

shaun_from_Africa

IAmWales wrote: »

M&S have signs all over stating that final clearance items are non returnable and sold as seen. OP was wrong in her assertion of her rights, they gave a refund to get rid of her

Irrespective of it being a clearance item, consumers have the legal right to return goods that are not as described or damaged and no sign in the shop can override your statutory rights.
"sold as seen" is meaningless and unenforceable unless specific damage or faults are pointed out before the purchase is made.

http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-statutory-rights-are-there-under-a-goods-contract/enacted

(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of that kind are usually supplied;

(b) appearance and finish;

(c) freedom from minor defects;

4) The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—
(a) which is specifically drawn to the consumer’s attention before the contract is made,

donnac2558

Last Saturday I bought jeans in the 70% sale. The SA at the till did say "You know you cannot return these?" Said yes I had tried them on.

Have to say I do check items before taking, in the sale or not. Did get caught out once finding a pluck on a jumper after I bought it.

Pollycat

shaun_from_Africa wrote: »

Irrespective of it being a clearance item, consumers have the legal right to return goods that are not as described or damaged and no sign in the shop can override your statutory rights.
"sold as seen" is meaningless and unenforceable unless specific damage or faults are pointed out before the purchase is made.

http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-statutory-rights-are-there-under-a-goods-contract/enacted

Exactly! :T

donnac2558 wrote: »

Last Saturday I bought jeans in the 70% sale. The SA at the till did say "You know you cannot return these?" Said yes I had tried them on.

Have to say I do check items before taking, in the sale or not. Did get caught out once finding a pluck on a jumper after I bought it.

In the past I've bought a number of items in M&S final clearance.
They used to put a 'S' on the garment care label.

The SA has (IIRC) always said 'these items are not returnable' and I always reply 'unless they are faulty'.

wealdroam

maddie67 wrote: »

On Saturday I bought a few items in my local M&S store...
.
.
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After much arguing and protesting, I did finally get my refund.

This thread belongs on the praise, vent & warnings board.