Mis-sold an item from M&S but gift card was used

powerful_Rogue

Deltadia said:

Thanks for that, @molerat 
That was what I was dreading myself of. But as you say, legally, transactions have been fulfilled by M&S. I am clutching at straws as they will be able to see from the system that the gift card credit bought was used for the sofa purchase only.

@Brie,  that's really good advise. I will do that if I cannot get any solution from the rewards site. But M&S already refunded in one single gift card of 650... I will look into splitting this up.

I'm presuming you purchased one gift card of £650, so that's all they need to return. Again, what you purchased with the gift card makes no difference.

powerful_Rogue

Olinda99 said:

I am probably going out on a limb here but maybe you could try a long shot..!

First thing is - did you have a contract. It may be that the T&C say a contract is not formed until delivery, but if the T&C state that  contract is formed when you order and the order is accepted then M&S have misled you and caused you to do something that you would not have done and thus caused you financial loss ie you have a large gift card that you cannot use.


This being so, they need to put you back into the position you would have been had they not made this mistake ie refund the gift card

It would I suppose be the same argument if you bought a Wowcher for the purchase, or paid a fee to take out a loan for the purchase.

Anyway, as I said a long shot but might be worth a complaint along those lines.

No chance.

Our acceptance of your order will take place only when we take payment from you and despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons.

Deltadia

Just to be clear, I am not trying to get refund of the sofa order in cash value thereby make a profit. I am trying to find a way to get the gift card purchase refunded as I need the cash elsewhere as I am moving house and still would like to get a sofa!
There is no alternative sofa from M&S as the higher price would mean there are much better alternatives from elsewhere (sofology, dfs ). I did ask M&S to honour the original order as advertised but they refused even after explaining the situation with the giftcard and moving house. So even if they are legally sound, it's not a great customer experience. I had other online purchases where the retailer honoured the original order even when they had advertised the item with incorrect information.


@Olinda99 that was what I am trying to grasp at. I couldn't really find anywhere on M&S where I could raise this though. Furniture department said they will raise it to Finance department but I have really heard anything back. And as I bought the gift card via a rewards site, I dont actually have the details of transaction for the giftcard from M&S.

powerful_Rogue

Not sure whether you're only selective replying to people, but as you can see from my reply above yours - The T&C's state that the contract is complete upon taking the money and dispatch of the items.

You also have no rights to a refund on the giftcard you purchased. Makes no difference what it was purchased for - you purchased a gift card and received a gift card.

Understanable that you are trying to explore different avenues, but sadly for you, there are none.

Deltadia

@powerful_Rogue I didnt reply to you as it was already covered by @molerat and @The_Fat_Controller. And it was pretty much my initial understanding. I have posted on here to see if there is an avenue that I havent thought of. But, yeah, I got your message with your multiple posts...

Olinda99

Well, as I said it is a long shot but just trying to be helpful. 

Complain to M&S that their error has caused you to make a financial decision that without their error you would not have made.

Ask for them to redeem the gift voucher and give you the money to put you back in the position you were before their error.

May or may not work - make a formal complaint to them.

DanDare999

Olinda99 said:

Well, as I said it is a long shot but just trying to be helpful. 

Complain to M&S that their error has caused you to make a financial decision that without their error you would not have made.

Ask for them to redeem the gift voucher and give you the money to put you back in the position you were before their error.

May or may not work - make a formal complaint to them.

Complaint about what?

The_Fat_Controller

@DanDare999 it's pretty obvious !

"Complain to M&S that their error has caused you to make a financial decision that without their error you would not have made"

The article they planned to buy was incorrectly described by M&S.

powerful_Rogue

Deltadia said:

@powerful_Rogue I didnt reply to you as it was already covered by @molerat and @The_Fat_Controller. And it was pretty much my initial understanding. I have posted on here to see if there is an avenue that I havent thought of. But, yeah, I got your message with your multiple posts...

Ah well. All good with people filling your head with potential good will avenues, but it's almost a certanity they will never happen. Spend the money on your monthly shopping.

The_Fat_Controller

@powerful_Rogue if you were moving home and now had £650 stuck in useless gift vouchers, no sofa and no further funds to buy one, how do you think you would feel ?

Not many people have spare money around when moving home.

I sympathise with the OP but they are pretty much stuck between a rock and a hard place because of M & S's website error.