Sports Direct/Fraser group

sparky999

Hi all, I’ve read lots posts about sports direct but my case seems slightly different, I hope some of you can advise. Purchased Christmas present online from Lovell sports (Fraser group), the return label was addressed sports direct so I returned to a sports direct store and they gave me credit note and advised that I can use it online. Once returned home I went back online to order a different size, I had since received a discount code for Lovell, problem was my new credit note couldn’t be used on the Lovell website and could only be redeemed from sports direct. In short, I’ve spent money in Lovells, got a credit note from Sports direct but then can’t respend my money in the original store. I have emailed customer services but where do I stand legally as ultimately Ive been forced to use Sports direct when I could’ve used Lovells and got my 20% discount ?

I hope that all makes sense, thanks in advance

jon81uk

The Lovell website doesn’t appear to mention instore returns. Therefore as you have returned in store instead I think you are stuck with the credit note. 

Legally you were entitled to a refund if you paid to post it back to Lovell Sports. 

sparky999

Thanks for your reply, do you still think this is the case even though the return note from lovells was addressed to sports direct 

HillStreetBlues

sparky999 said:

Thanks for your reply, do you still think this is the case even though the return note from lovells was addressed to sports direct 

Doesn't matter where the return label was addressed to, as it wasn't used.

SiliconChip

Is there a reason why you didn't use the return label and ask for a cash refund? Had you done so (which you'd have been entitled to) then you could re-purchase anywhere you wanted, but having returned to a store and accepted a credit note I think you're stuck with it.

Manxman_in_exile

@sparky999 - you ask where you stand legally:

(1) in order to exercise your legal right to cancel an online purchase under s29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) you have to clearly inform the seller that that is what you are doing.  I suspect from what you have told us that you didn't tell Lovells that you were doing that...

(2) assuming that you didn't tell Lovells that you were exercising your statutory rights, then you must be relying on their own returns policy.  If you are doing that you have to comply with their T&Cs.  If they say you have to send the goods back using their own address label, then that is what you must do.  But you didn't do that.

(3) I've no idea who Lovells are, but I don't understand why a Sports Direct store would accept a return of something they hadn't sold?  Is it something SD sell themselves?  How did they know how much to credit you?  [Edit:  Even if SD and Lovells are both parts of the Ashley group of companies, I've no doubt they are entirely separate legal entities]

I'm afraid I'm not sure you have any sort of legal position here at all.  It doesn't sound as if you cancelled the contract under the legislation I linked to above, you didn't follow the return instructions given to you by Lovells, and you appear to have accepted a credit voucher from Sports Direct.  (When they only offered you a credit you should have walked away... )

If I were you I would be complaining to SD/Lovells/HoF that SD should never have accepted the return in the first place.

What outcome were you looking for when you decided to return the goods?  Were you looking to buy something different by re-using the discount voucher you had?

HillStreetBlues

Hasn't the OP just created a new contract with SD?
Takes it into a SD store, store agrees to take product in return for a credit voucher. OP  agrees to this.

Seems OP assumed the credit voucher was for Lovells, but failed to check.
IF  the OP was told that it could be used at Lovells  that would put a different complexion on it.

Manxman_in_exile

HillStreetBlues said:

Hasn't the OP just created a new contract with SD?
Takes it into a SD store, store agrees to take product in return for a credit voucher. OP  agrees to this.

Seems OP assumed the credit voucher was for Lovells, but failed to check.
IF  the OP was told that it could be used at Lovells  that would put a different complexion on it.

If you're commenting on my post, I don't disagree with you:

Manxman_in_exile said:

... I'm afraid I'm not sure you have any sort of legal position here at all.  It doesn't sound as if you cancelled the contract under the legislation I linked to above, you didn't follow the return instructions given to you by Lovells, and you appear to have accepted a credit voucher from Sports Direct...

The only straw I'm suggesting the OP try clutching at is arguing that SD acted wrongly in offering him or her anything at all.

When he attempted to return the item instore at SD, what SD should have told him to do was to go away and send it back as per the instructions actually given by Lovells

I'm at a bit of a loss as to why the OP decided to return it in person to a SD store in the first place, and why, when they were offered a credit note from SD, they accepted it apparently without question...

I think the OP is stuck unless somebody from one of Mr Ashley's companies comes up with a "gesture of good will".

HillStreetBlues

Manxman_in_exile said:

HillStreetBlues said:

Hasn't the OP just created a new contract with SD?
Takes it into a SD store, store agrees to take product in return for a credit voucher. OP  agrees to this.

Seems OP assumed the credit voucher was for Lovells, but failed to check.
IF  the OP was told that it could be used at Lovells  that would put a different complexion on it.

If you're commenting on my post, I don't disagree with you:

It was more in conjunction with your post, didn't want to post it as a reply as didn't want to look I was disagreeing with it.

Manxman_in_exile said:

I'm at a bit of a loss as to why the OP decided to return it in person to a SD store in the first place, and why, when they were offered a credit note from SD, they accepted it apparently without question...

I can see why, The OP made an assumption due to seeing SD name on the returns label. So a return to store will save return postage and get an instant refund. The OP then assumed the credit voucher was for Lovells, as the OP was going to buy a different size the OP thought it didn't matter if it was a cash refund or credit note.

Sadly  the OP assumed wrongly and then mistaken in taking a credit note.
What I believe the OP didn't think when taking credit note,  if the other size hasn't of fitted, then the OP would not be due a cash refund but a refund of the credit voucher.

Moral of the story, never assume and never ever take a credit note in place of a cash refund.

P.S. I agree with all your post

Manxman_in_exile

@HillStreetBlues - thanks   

I'd add another moral ...

When returning online purchases make sure you are following the correct procedure to exercise your statutory right to cancel - unless the seller's own returns policy is even more favourable.  And whatever you do, make sure you follow the seller's return instructions...