Sports Direct Online Returns to Store re: voucher vs ££ Reimbursement. Is this legal?

No_Future

Quoted from the Consumer Contracts Regulations 2013:


http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf

Reimbursement by trader in the event of withdrawal or cancellation:
44.7 The trader must make the reimbursement using the same means of payment as the consumer
used for the initial transaction

Return of goods in the event of cancellation
35.
(2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer
must—
(a) send them back, or
(b) hand them over to the trader or to a person authorised by the trader to receive them.

---

Bought some clothes online from Sports Direct (delivered to home). A couple of items didn't fit. Decided to follow the cancellation clause of the Act i.e. within 14 days etc (distance selling).

Took items to Sports Direct Store. Manager insisted that he could give me a "refund" but only in the form a credit note/voucher. I queried this, stating the gist of the Consumer Act. He insisted that a voucher WAS a refund.

He also said that in order to get a refund in £ currency, the only way to do this was to return via mail. I queried this in the context of the law and he stated that was "company policy".

I responded:
"Whilst I appreciate that is Sports Direct's own policy, it must be superseded by the law. Any company can make up whatever policies they like, but ultimately they must comply with the law."

Manager:
"Well obviously our policy must be legal otherwise there'd be lawyers involved and stuff."

I tried to be polite, but insistent but in the end he simply refused to process the refund so I left the store with the clothes.

I went home and read into this and found the Act and the quotes above.

Given what the Act states, how can a refund in store be refused? Sure, Sports Direct can claim they have whatever policies, but the law appears to be quite clear that refunds must be in the same form as originally used (unless customer requests otherwise). Additionally, since Sports Direct will accept returns from online orders to store, it appears self evident that returning to store IS as above: "to a person authorised by the trader to receive them".

Can anyone help? I just want a refund to the card I paid with. Have I misunderstood something? What can I do next?

p.s. This was my first experience shopping with Sports Direct and it will certainly be my last (lesson learned). I knew they weren't famous for their customer service, but even companies with poor customer service have to follow the law, no? I normally buy sportswear from Sweaty Betty and the experience compared to Sports Direct is worlds apart!

visidigi

No_Future wrote: »

Quoted from the Consumer Contracts Regulations 2013:


http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf

Reimbursement by trader in the event of withdrawal or cancellation:
44.7 The trader must make the reimbursement using the same means of payment as the consumer
used for the initial transaction

Return of goods in the event of cancellation
35.
(2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer
must—
(a) send them back, or
(b) hand them over to the trader or to a person authorised by the trader to receive them.

---

Bought some clothes online from Sports Direct (delivered to home). A couple of items didn't fit. Decided to follow the cancellation clause of the Act i.e. within 14 days etc (distance selling).

Took items to Sports Direct Store. Manager insisted that he could give me a "refund" but only in the form a credit note/voucher. I queried this, stating the gist of the Consumer Act. He insisted that a voucher WAS a refund.

He also said that in order to get a refund in £ currency, the only way to do this was to return via mail. I queried this in the context of the law and he stated that was "company policy".

I responded:
"Whilst I appreciate that is Sports Direct's own policy, it must be superseded by the law. Any company can make up whatever policies they like, but ultimately they must comply with the law."

Manager:
"Well obviously our policy must be legal otherwise there'd be lawyers involved and stuff."

I tried to be polite, but insistent but in the end he simply refused to process the refund so I left the store with the clothes.

I went home and read into this and found the Act and the quotes above.

Given what the Act states, how can a refund in store be refused? Sure, Sports Direct can claim they have whatever policies, but the law appears to be quite clear that refunds must be in the same form as originally used (unless customer requests otherwise). Additionally, since Sports Direct will accept returns from online orders to store, it appears self evident that returning to store IS as above: "to a person authorised by the trader to receive them".

Can anyone help? I just want a refund to the card I paid with. Have I misunderstood something? What can I do next?

p.s. This was my first experience shopping with Sports Direct and it will certainly be my last (lesson learned). I knew they weren't famous for their customer service, but even companies with poor customer service have to follow the law, no? I normally buy sportswear from Sweaty Betty and the experience compared to Sports Direct is worlds apart!

They don't even have to accept a return in store for an item bought online if they don't want to.

If you want a refund to the payment source return it to the source, the online side of Sports Direct.

No_Future

visidigi wrote: »

They don't even have to accept a return in store for an item bought online if they don't want to.

If you want a refund to the payment source return it to the source, the online side of Sports Direct.

Really?

"hand them over to the trader or to a person authorised by the trader to receive them."

Evidently the Store is the same trader and indeed the store does take back online returns (just not via the method I paid with) - this appears to be in conflict with the Act.

Fosterdog

No_Future wrote: »

Really?

"hand them over to the trader or to a person authorised by the trader to receive them."

Evidently the Store is the same trader and indeed the store does take back online returns (just not via the method I paid with) - this appears to be in conflict with the Act.

Some companies (Sports Direct being one of them) have different legal entities for their physical shops and for their online shops. They do not have to allow a store return as the store is not technically the same trader. They do allow you to return web orders but only under their enhanced returns policy which only allows an exchange or credit note rather than the return being covered by CCRs.

No_Future

Fosterdog wrote: »

Some companies (Sports Direct being one of them) have different legal entities for their physical shops and for their online shops. They do not have to allow a store return as the store is not technically the same trader. They do allow you to return web orders but only under their enhanced returns policy which only allows an exchange or credit note rather than the return being covered by CCRs.

Ok, maybe the online/instore are in whatever way classified as separate, however the wording is "or to a person authorised by the trader to receive them."

Since the store was willing to accept the goods, does that not imply they are authorised to receive them?

Fosterdog

No_Future wrote: »

Ok, maybe the online/instore are in whatever way classified as separate, however the wording is "or to a person authorised by the trader to receive them."

Since the store was willing to accept the goods, does that not imply they are authorised to receive them?

Not necessarily, I could buy something from Asda and take it back to Tesco. If Tesco choose to refund me (or exchange/credit note) it doesn’t mean they were authorised by Asda to do so.

Sports Direct do not authorise their shop staff to accept CCR returns, the fact they choose to offer a different returns policy which allows an exchange or credit note doesn’t mean they authorise a CCR return.

GrumpyDil

Taken from the sports direct website.

Online purchases
To return an item(s) firstly print the Returns Form, complete it and return it with your invoice and goods to:

Seems clear that for online orders they need to be sent back rather than taken in store so the store manage is exercising his discretion but in that case he can choose to offer a credit note.

SuperHan

No_Future wrote: »

Ok, maybe the online/instore are in whatever way classified as separate, however the wording is "or to a person authorised by the trader to receive them."

Since the store was willing to accept the goods, does that not imply they are authorised to receive them?

No. The store is not authorised to accept CCR returns. It chooses to accept your returns in exchange for store credit - it doesn't have to be authorised by the trader to do this. For example, I could say I'd give you a Sports Direct voucher for them, it doesn't mean the trader has authorised me to do anything.

KeithP

Allowing you to return unwanted goods to a store when the purchase was made online is in addition to your statutory rights and as such you are reliant on SD's returns policy. Therefore a credit note is acceptable.

SD's returns policy explains how to return goods bought online.

Annette_Annett

The returns policy in my local Sports Direct store says only exchange or credit note BUT i bought some clothing and as they they don't have changing rooms I wasn't able to try it on for size.
If they don't provide changing rooms surely I should be able to request a cash refund

Greta_Sharbo

There is no requirement for a clothes shop to provide a changing room.