M&S online sale returns

dyl42

Hi, my first post here.

I wondered if anyone else has had problems returning M&S sale items bought online?

Their returns policy says on the website, so implication is online purchases:
"Our standard returns policy for anything you buy from us is 35 days. This applies to both online and in-store purchases. The exception is Sale items, where returns have to be made within 14 days of purchase."

I'd bought a sale item on line that wasn't suitable and notified I'd return within 14 days. As I was going to a local store a few days later I took in thinking quicker for me and no return cost for M&S. There I was told 14 days for returns, at this point it was maybe 17 days from purchase, I can get a credit note though. Channelling my best MSE knowledge I quoted the 14 to notify +14 to return from receipt of goods.

Now thinking I could return by post if the law doesn't say I can return in store. Manager came over, quoted 14 days policy, while I went back to consumer law. I'm not an argue with the manager type of person so this was very uncomfortable. It doesn't feel right that a large retailer has policies displayed prominently that appear to contradict consumer law!?!

DE_612183

My guess is that the 14 days to notify is when you use the online system to create the return and then you get a label or such.

I can see your point though.

I think the issue probably is with their POS tills - when they scan the receipt the system knows you're over 14 days so won't allow the staff member to issue a refund - however the manager could of over-ridden this if he saw fit.

I had something similar once when they created the credit note, then scanned the item again as a sale, used the credit note to pay it, and then refunded again - and as the new sale was only a few seconds old was able to process a cash refund.

dyl42

Agreed that there may be a problem with in store POS and there's nothing in law to say you can return to store, I think you could have to pay return costs though a lot of retailers cover this as a free return. M&S encourages return to store, which has to save them money, and they have drop off points in store.

Likely incompatibility between online systems, including the app which helpfully tells you how many days you have to return an item - then the in store computer says no, while the app is telling you 10 days left.

The returns policy on the website is also misleading and maybe the most concerning element, the bold text is theirs not mine, with an implication that could lead customers to misunderstanding their rights against 'policy'

That credit note to refund route sounds like a good work around. I suspect some stores might not allow it and would only refund a credit note to a credit note .

Alderbank

You have rights under consumer law. These rights are statutory and cannot be taken away.

Additionally you have M&S's own returns policy. This is separate from and independent of your statutory rights.

M&S policy can say whatever they like. It is a contract with you so they (and you) must follow the policy rules if you elect to go by that route. Their policy terms include for example different terms for sale goods and also includes free returns.

Your statutory rights are different. They include the right to return online purchases, including sale goods, which are not faulty (so-called 'change of mind' returns) and this right is given in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Regulation 32 says the consumer must within 14 days of receipt make a clear statement to the trader setting out the decision to cancel the contract. You then have 14 days to make the return.

Note that seeking a return under the store's own policy is not the same as cancelling the sale under CCR regs.

Reading your post I wonder whether you tried to use M&S's returns policy but did not cancel the contract within the 14 days required by the CCR?
The advice we normally give here is to make a very clear statement such as 'I am cancelling this contract under regulation 32 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.'

Can you confirm that you cancelled the contract within the 14 days allowed?

dyl42

Hi Alderbank - yes I did. As far as the app allows you to cancel (select items to return) within the 14 days and initiate the return. It then gives you options to send or return to store, telling you store is fastest method. So for example initiate return after 12 days, return to store 5 days later. So this was an incompatibility between the online returns message and the in-store element. Website/app telling me I had X days to return. I could still have returned by mail - this would have arrived within the additional 14 day time period. For store bought and returned items 14 days is better than law requires but for online, having cancelled within 14 days, it's less.

As previous commenter, maybe in-store POS struggles to match on-line policy (and law)

Having tracked down the returns policy on the website, that's more concerning as it's misleading, the bold text is theirs not mine, with an implication that could lead customers to misunderstanding their rights against 'policy'

Alderbank

Selecting items to return is not cancelling the contract.

Indeed it confirms that the contract is valid and you are attempting to act in compliance with the contract's agreed terms and conditions regarding returns.

Cancelling a contract means both parties return to the position they were in before the contract existed.

Do you have a copy of the actual wording you used when you told them you were cancelling the contract?