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Return to shop

I wondered what your rights are to return a damaged item to a shop miles away.  My mother is being told that for shop bought purchases they can only be returned in person to the shop and not by post.  Unlike me she is all for supporting the High Street and had a twice a year trip to Cambridge, but given the shop in question is at least 50 miles away if this is the case I recommend the internet.   Clearly she can return to other shops in the chain but the Cambridde branch at 50 miles is the closest.
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Comments

  • user1977
    user1977 Posts: 18,179 Forumite
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    They're not entitled to insist you bring it back in person. What reason did they give for not accepting a postal return? (other than presumably the hope that it will deter her from bothering)
  • Depends what the OP means by "damaged".  Presumably they mean it was in a damaged or faulty state when purchased?
  • Bradden
    Bradden Posts: 1,203 Forumite
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    edited 13 November 2021 at 10:01AM
    user1977 said:
    They're not entitled to insist you bring it back in person. What reason did they give for not accepting a postal return? (other than presumably the hope that it will deter her from bothering)
    Are you sure this is the case?  If I bought a games console from a shop and then posted it back to them for a refund. If the item is damaged when received by the retailer who would be laible? This kinda ties in to the other thread regarding non-delivery which has caused a fair bit of debate. This is similar but reversed.
  • TELLIT01
    TELLIT01 Posts: 18,130 Forumite
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    I wonder if the individual stores are franchise operations. That might explain why it can only be returned to the shop from which it was purchased. Why was the damage not noticed in the shop at the time of purchase?  I'm guessing it's because of packaging but clarification would help.
  • Bradden said:
    user1977 said:
    They're not entitled to insist you bring it back in person. What reason did they give for not accepting a postal return? (other than presumably the hope that it will deter her from bothering)
    Are you sure this is the case?  If I bought a games console from a shop and then posted it back to them for a refund. If the item is damaged when received by the retailer who would be laible? This kinda ties in to the other thread regarding non-delivery which has caused a fair bit of debate. This is similar but reversed.
    That is a different question.

    The item is the purchaser's responsibility until the shop have accepted delivery so it would be prudent to send it by a service that is fully insured.

    If you think about it this is no different to returning it in person. If it is damaged in a car crash or you simply drop it on the pavement on your way into the shop that is your problem!
  • user1977
    user1977 Posts: 18,179 Forumite
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    edited 13 November 2021 at 11:29AM
    Bradden said:
    user1977 said:
    They're not entitled to insist you bring it back in person. What reason did they give for not accepting a postal return? (other than presumably the hope that it will deter her from bothering)
    Are you sure this is the case?
    Yes, I'm sure. Where does the legislation say you need to bring it back to the retailer in person?
    If I bought a games console from a shop and then posted it back to them for a refund. If the item is damaged when received by the retailer who would be laible?
    Depends on the evidence either way. But that's a different question from whether or not you're permitted to return it by post.
  • Bradden
    Bradden Posts: 1,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    user1977 said:
    Bradden said:
    user1977 said:
    They're not entitled to insist you bring it back in person. What reason did they give for not accepting a postal return? (other than presumably the hope that it will deter her from bothering)
    Are you sure this is the case?
    Yes, I'm sure. Where does the legislation say you need to bring it back to the retailer in person?
    If I bought a games console from a shop and then posted it back to them for a refund. If the item is damaged when received by the retailer who would be laible?
    Depends on the evidence either way. But that's a different question from whether or not you're permitted to return it by post.
    Thanks.. I'm sure you know more about the law than I ... what is the legislation which allows a purchaser to nominate where they wish to return a product to and under what grounds? 

    I understand the OP states the item is damaged. It was purchased in person and therefore the retailer has a right to inspect goods before agreeing a refund presumably. What does the law state on a situaiton where product is purchaed in store.. posted back by the buyer as faulty. Retailer inpects goods and determines they are not faulty... or the fault is due to operator error? What does the legislatin state would happen in this situation? or even worse... retailer staes returned item is incorrect. eg... polo mints instead of a console. Who would be liable? 
  • sheramber
    sheramber Posts: 22,981 Forumite
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    rewob65 said:
    I wondered what your rights are to return a damaged item to a shop miles away.  My mother is being told that for shop bought purchases they can only be returned in person to the shop and not by post.  Unlike me she is all for supporting the High Street and had a twice a year trip to Cambridge, but given the shop in question is at least 50 miles away if this is the case I recommend the internet.   Clearly she can return to other shops in the chain but the Cambridde branch at 50 miles is the closest.
    has she asked ,very nicely , in a local store if she could possibly return it there since the store she purchased it is so far away?
  • user1977
    user1977 Posts: 18,179 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Bradden said:
    user1977 said:
    Bradden said:
    user1977 said:
    They're not entitled to insist you bring it back in person. What reason did they give for not accepting a postal return? (other than presumably the hope that it will deter her from bothering)
    Are you sure this is the case?
    Yes, I'm sure. Where does the legislation say you need to bring it back to the retailer in person?
    If I bought a games console from a shop and then posted it back to them for a refund. If the item is damaged when received by the retailer who would be laible?
    Depends on the evidence either way. But that's a different question from whether or not you're permitted to return it by post.
    Thanks.. I'm sure you know more about the law than I ... what is the legislation which allows a purchaser to nominate where they wish to return a product to and under what grounds? 

    I understand the OP states the item is damaged. It was purchased in person and therefore the retailer has a right to inspect goods before agreeing a refund presumably. What does the law state on a situaiton where product is purchaed in store.. posted back by the buyer as faulty. Retailer inpects goods and determines they are not faulty... or the fault is due to operator error? What does the legislatin state would happen in this situation? or even worse... retailer staes returned item is incorrect. eg... polo mints instead of a console. Who would be liable? 
    The law isn't specific on any of those points.

    The item needs to be returned to the retailer. The law doesn't specify what method can or can't be used to achieve that.

    The retailer is liable if they sold an item which was damaged (or if the item wasn't as described). If they've got an argument that the item was actually damaged by the consumer, or isn't faulty, or the consumer is simply lying about what they received, then ultimately it's going to come down to whatever a court makes of the evidence available.
  • TELLIT01
    TELLIT01 Posts: 18,130 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    As the item was purchased in store, and no damage was noticed at the time, how can the shop be certain that the damage wasn't done in transit by the purchaser?  Given the potential for doubt I don't think the shop is doing anything wrong in demanding that the item be returned directly by the purchaser.  If the item is fragile, there is a very real risk of additional damage whilst in transit with a courier.
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