Issue returning product to M&S

LongWindingRoad

Hi,

I purchased a Halloween novelty item to hang from the ceiling from M&S

The product wasnt complete and wasnt fit for purpose.

When complaining to M&S they said I need to return it to a Home store which is approximately 20 minutes from where i live.  Rather than returing it to the simply food store i purchased it from.

I thought under my consumer right I could return it to where I purchased the product.

Can anyone advise?

Thanks 

the_lunatic_is_in_my_head

www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(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.

Do you have an agreement to return them and to where? If you do then they are responsible for the additional costs of return if this is not to the place where you took possession, if you don't they should collect the goods. 

NBLondon

Surely 
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.
implies the OP can return it to the Simply Food store or M&S must take the extra cost (be that collection, postage or bus fare to the alternative return point)

Alderbank

Have you tried just taking it back where you bought it? Like you, I have M&S Simply Food local to me. The couple of times I have had to take something back they have instantly refunded me with apologies.

How much did the novelty cost? You do have rights as the_lunatic says but to enforce them you might have to go to court which would cost you in time and initial outlay. The courts are busy and can dismiss trivial claims. A plastic spider with only seven legs might be seen as trivial.

LongWindingRoad

Thank you Alderbank - It is a point of principle where M&S are essentially selling shoddy rubbish.  I will go back to them again about their obligations under the Consumer Rights Act 2015. 

Aylesbury_Duck

LongWindingRoad said:

Thank you Alderbank - It is a point of principle where M&S are essentially selling shoddy rubbish.  I will go back to them again about their obligations under the Consumer Rights Act 2015. 

Did you really expect a Halloween novelty ceiling decoration to be anything other than shoddy rubbish?  It pretty much says it is in that description.  Nevertheless, if it wasn't a complete piece of shoddy rubbish, you're entitled to your money back without incurring extra costs doing so.

cannugec5

Earlier in the year I purchased a household item from M & S online. It was faulty so I contacted them about a return. I was advised repeatedly that my only option was to return it to a store. The nearest of which is 90 miles away. 

In the end I printed out their return label and sent it back with a covering letter, hoping it would get to the correct department for faulty goods rather than change of mind. I got my refund, but it left an unpleasant taste. 

I definitely got the impression their customer service staff don’t really understand ( or care about) the advice they are giving.