M&S cookware. Purchased online - now faulty , requesting I return it to a store.

cannugec5

I bought a roasting tin in April 2021, from M&S online. I have used it maybe 6 times. I have washed it carefully by hand despite it saying safe for the dishwasher.
This morning I was washing it, again by hand using a simple dish cloth and washing up liquid when the non stick coating started peeling away. 

I contacted Customer Service by email, and they have replied promptly. However they have requested that I return it to my ‘local’ store for a refund.
 I don’t have a local store, which is why I tend to purchase online. The nearest is 90 miles away and a four hour round trip. I have replied again to them pointing this out, but what are my rights? Can they insist this is my only option for a refund? They did say there is no time limit, because of the virus. However that’s not really helpful to me, virus or not I won’t be going to the store, and making a special trip would cost more than the value of the pan. 

McKneff

Have they answered the last letter yet.
Ask them to send you a orepaid label so you csn return. It in the post

theonlywayisup

You emailed them on 12 July - then you need to give M&S a bit of time to respond again.  The probably thought you live close to a store and that would be easier than packing it up and posting it off.  

cannugec5

theonlywayisup said:

You emailed them on 12 July - then you need to give M&S a bit of time to respond again.  The probably thought you live close to a store and that would be easier than packing it up and posting it off.  

Yes I’m sure you are correct. 

I’m quite happy to wait. 

However my ponderance was about my rights. 

cannugec5

“Good Morning Cannugec

 

Because it is a damaged general merchandise it has to be taken to store this is under the Statutory Rights 

in relation to Faulty Products. The rights apply to items purchased both in store and online or telephone orders 

the rights are as follows. 

 

Within 30 days of delivery/ purchase of the product, you may exercise the right to a refund if the the product or purchase is not of satisfactory quality or fit for the purpose or as described.

 

After the 30 day period but within six month of delivery/purchase  and the product is faulty you are entitled to a repair or replacement 

where the repair is not possible , or repair or replacement does not resolve the fault you are entitled to a refund. 

 

After 6 month of delivery/purchase similar rights exist but only if you can prove that the fault was present at the point of delivery/purchase

if repair or replacement does not resolve the fault we may deduct from any refund for fair usage. 

 

We want to thank you for bringing this issue to our attention. 

We are always looking for ways to better our service, and your feedback is an invaluable part of that process. 

We hope, this slight discrepancy in our service will not put any strain in our relationships.

 

Kind Regards  

A person

M&S Team”

This is the response I’ve received by email this morning. 

The first sentence says ‘it has to be taken to store’ but the rest of the statutory rights quoted do not mention HOW a refund/replacement is obtained. 

Am I flogging a dead horse here ? 

I’m not going to drive for 4 hours to exchange a faulty roasting pan valued at £30. I’m rather wishing I’d got one for a fiver in Tesco and replace it every 6 months!

user1977

There's no requirement to take it to a store, you can post it back to them.

Jenni_D

Correct. In fact you are under no obligation to incur any expense in obtaining a remedy (repair, replace, refund - which would be in full as the goods are less than 6 months from purchase).

See section 20 (7) ... https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted#section-20-18

the_lunatic_is_in_my_head

Jenni_D said:

Correct. In fact you are under no obligation to incur any expense in obtaining a remedy (repair, replace, refund - which would be in full as the goods are less than 6 months from purchase).

See section 20 (7) ... https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted#section-20-18

With regards to "any", worth a note from the link

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.


The OP should return them as agreed so if the agreement is such goods are to be returned to store then I believe that can be so but as OP didn't take possession of them in store M&S would be responsible for the cost of the OP getting them to the store.

OP try Google for "ceo email" and search that site for Marks and Spencer to get an email address for a higher level of customer facing staff. 

Or ring the switchboard number, advising customer service haven't been able to help and are they able to put you through to an executive complaints department.  

Jenni_D

True - OP should check the T&Cs for her online purchase to see whether they do indeed mandate a return to store as M&S CS seem to be saying. If they do mandate such then M&S must reimburse the OP the costs to make such a return, and such costs should include an hourly rate for the time involved, not just travel costs.

Money_Grabber13579

Their website says that if you have a faulty item which was purchased online, you need to call them, so perhaps you will have more success there.

pbartlett

One alternative is that M&S pay for a courier or for Royal Mail tracked to return the item to the store - you could also ask them for a pre-paid label etc.

Or are M&S asking that you also be physically present at the store?