Homebase - Refused Refund as in Administration

SH88

Edited out description of my personal experience in store. I'm sympathetic to those losing their jobs, but confused what's considered "not as advertised" under Consumer Law.
Including only details that I believe may be an issue under Consumer Law for clarification.

Details:
I purchased a 64cm Wooden/Wicker Christmas Tree Skirt from Homebase.
It's advertised as a 64cm Skirt.
It also doesn't sit flush on the ground.

My Christmas Tree Legs are ~60cm and the 64cm Skirt doesn't fit over them.
After measuring the Skirt, it turns out the Skirt is 64cm edge to edge, however the available space within the Skirt (where the legs go) is 58cm.

Considering it's labeled as a 64cm Skirt I would argue this is misleading, as it only fits <58cm Christmas Tree legs.

I was refused a refund, and not given the chance to explain this in store.

I feel this item could be considered "not as advertised" considering the misleading measurements and the slightly wonky manufacturing.

The only example I can compare it to is buying a 64in TV, and opening the box to find the TV unit is 64in, but the screen itself is 58in. I think we can all agree a 64in TV should have 64in screen.
I bought the 64cm Tree Skirt thinking it would fit Tree Legs under 64cm.

Am I wrong to think this?
Does this misleading advertising fall under Consumer Law because an item advertised as 64cm Tree Skirt doesn't fit 60cm Tree legs?

Thanks

user1977

Administration or not, you don’t have a statutory right to return items bought in store if it’s just a change of mind.

PHK

There’s no right to return items bought in store unless faulty or not as described. 

Ayr_Rage

Even before the pieces of A4 paper went up you had no right to a refund or exchange for an in store purchase unless the item was faulty or incorrectly described.

You were, incorrectly, relying on their goodwill regarding returns or exchanges.

Bear that in mind next time you shop in any store.

prowla

You could buy online, where you have a right to inspect and return.

It's too bad that physical shops are doing themselves out of business.

FYI, I had an unsatisfactory issue when I tried to return an item a few years ago and haven't bought from my local Homebase since.

the_lunatic_is_in_my_head

PHK said:

There’s no right to return items bought in store unless faulty or not as described. 

Ayr_Rage said:

Even before the pieces of A4 paper went up you had no right to to a refund or exchange for an in store purchase unless the item was faulty or incorrectly described.

You were, incorrectly, relying on their goodwill regarding returns or exchanges.

Bear that in mind next time you shop in a store.

This is only true where there isn't a policy offering more than statutory rights as User1977 alludes to above. 

A lot of stores offer a policy of refund/exchange and if offered it's part of the contract and can be enforced.

The Homebase website says

Any unwanted / unused items purchased from Homebase stores (both pre and post appointment of Joint Administrators on 13/11/2024) are sold as seen and are not eligible for refund or exchange.

Ignoring the poor wording (and the pre-administration bit which doesn't apply to OP) unless there were still signs in store or something on the back of the receipt stating a store return policy above consumer rights then no they don't have to refund for change of mind.

Regarding it being wonky, the goods should be of satisfactory quality, whilst considering price and the standard that a reasonable person would consider, so if the goods aren't of satisfactory quality you could push on this point if you have the inclination . 

SH88

user1977 said:

Administration or not, you don’t have a statutory right to return items bought in store if it’s just a change of mind.

This is false. The receipt states Returns are accepted within 30 days with proof of purchase.

Not to mention, the reason it doesn't fit because the advertised measurements are incorrect.

I would want it if it was the size it stated, even if slightly wonky.

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(Removed by Forum Team)

PHK said:

There’s no right to return items bought in store unless faulty or not as described. 

This isn't true. Homebase states on the receipt that any return can be made as long as it's in saleable condition. Something I've utilised before.

Regardless, the product is labelled as 64cm, but has a diameter of 58cm... So incorrectly advertised.

Ayr_Rage said:

Even before the pieces of A4 paper went up you had no right to a refund or exchange for an in store purchase unless the item was faulty or incorrectly described.

You were, incorrectly, relying on their goodwill regarding returns or exchanges.

Bear that in mind next time you shop in any store.

Their return policy on the receipt states returns are accepted, even if you change your mind. Stating a policy isn't a goodwill gesture surely?

Either way, the item is incorrectly described.

I purchased it thinking 64cm would cover my Tree legs, only to find it's 58cm in diameter...

Again this is verifiable on their website too.

prowla said:

You could buy online, where you have a right to inspect and return.

It's too bad that physical shops are doing themselves out of business.

FYI, I had an unsatisfactory issue when I tried to return an item a few years ago and haven't bought from my local Homebase since.

It's a real shame, as I'm a regular customer and I love visiting the store.

I wouldn't even have an issue if I wasn't so disrespected verbally.

the_lunatic_is_in_my_head said:

PHK said:

There’s no right to return items bought in store unless faulty or not as described. 

Ayr_Rage said:

Even before the pieces of A4 paper went up you had no right to to a refund or exchange for an in store purchase unless the item was faulty or incorrectly described.

You were, incorrectly, relying on their goodwill regarding returns or exchanges.

Bear that in mind next time you shop in a store.

This is only true where there isn't a policy offering more than statutory rights as User1977 alludes to above. 

A lot of stores offer a policy of refund/exchange and if offered it's part of the contract and can be enforced.

The Homebase website says

Any unwanted / unused items purchased from Homebase stores (both pre and post appointment of Joint Administrators on 13/11/2024) are sold as seen and are not eligible for refund or exchange.

Ignoring the poor wording (and the pre-administration bit which doesn't apply to OP) unless there were still signs in store or something on the back of the receipt stating a store return policy above consumer rights then no they don't have to refund for change of mind.

Regarding it being wonky, the goods should be of satisfactory quality, whilst considering price and the standard that a reasonable person would consider, so if the goods aren't of satisfactory quality you could push on this point if you have the inclination . 

Yes, this is correct. The Homebase receipt states any unused and unwanted item can be returned as long as it's in saleable condition, with proof of purchase within 30 days, unless it's been custom made.

I'm surprised at the responses here. Obviously I'm sympathetic to their situation, especially the colleagues, but it doesn't give them the right to speak to me like something they've stood in, or deny a refund for an item that's advertised with the wrong measures.

Okell

Why can't the OP take it back if it's not as described?

Assuming the OP is telling the truth - and that I've understood him correctly - he's saying the item is described as 64cm but it's actually only 58cm.  I'd certainly want an exchange or refund in those circumstances.

I'm wondering if the OP actually made this point rather than banging on and possibly annoying staff...

born_again

SH88 said:

Yes, this is correct. The Homebase receipt states any unused and unwanted item can be returned as long as it's in saleable condition, with proof of purchase within 30 days, unless it's been custom made.

I'm surprised at the responses here. Obviously I'm sympathetic to their situation, especially the colleagues, but it doesn't give them the right to speak to me like something they've stood in, or deny a refund for an item that's advertised with the wrong measures.

That has all changed now they are in administration.

https://www.homebase.co.uk/customer-services/resources/returns-refunds.list

Not quite sure that "Wonky" defines faulty... 

SH88

Okell said:

Why can't the OP take it back if it's not as described?

Assuming the OP is telling the truth - and that I've understood him correctly - he's saying the item is described as 64cm but it's actually only 58cm.  I'd certainly want an exchange or refund in those circumstances.

I'm wondering if the OP actually made this point rather than banging on and possibly annoying staff...

I believe most of these responses didn't see my details about the product dimensions being wrong, as I forgot to include it initially when drafting my message - totally my fault.

That said I am telling the truth and have photos which I can upload against a tape measure.

I can assure you I was very polite and only asked to see a manager because of how I was being spoken to.

I doubt that would be annoying to staff unless a lot of people are coming in trying to return things, which shouldn't be a factor.

I may try another Homebase tomorrow.

born_again said:

SH88 said:

Yes, this is correct. The Homebase receipt states any unused and unwanted item can be returned as long as it's in saleable condition, with proof of purchase within 30 days, unless it's been custom made.

I'm surprised at the responses here. Obviously I'm sympathetic to their situation, especially the colleagues, but it doesn't give them the right to speak to me like something they've stood in, or deny a refund for an item that's advertised with the wrong measures.

That has all changed now they are in administration.

https://www.homebase.co.uk/customer-services/resources/returns-refunds.list

Not quite sure that "Wonky" defines faulty... 

Should they not update their receipts if this is the case?

For anyone who misses the random A4 signs would surely rely on the information on the receipt?

Would you return a table if it was wonky, or wobbled on the spot? Or return a TV that said it was 64 inches, but you got home and it was 58 inches?

Maybe I'm missing something here, or it's not a big deal to everyone... but this seems crazy to me.

Thank you all for your input though. I appreciate being able to vent and understand other points of view.

voluted

SH88 said:

Yes, this is correct. The Homebase receipt states any unused and unwanted item can be returned as long as it's in saleable condition, with proof of purchase within 30 days, unless it's been custom made.

I'm surprised at the responses here. Obviously I'm sympathetic to their situation, especially the colleagues, but it doesn't give them the right to speak to me like something they've stood in, or deny a refund for an item that's advertised with the wrong measures.

The receipt wouldn't form part of the contract if it was given to you after the contract was formed. As there were signs up these would form part of the contract (although in reality, they are just reminding you of their minimum legal obligations.)

If the item is "not as described" then I don't see why you didn't push this point whilst speaking to the manager.

A chargeback wouldn't be an issue, regardless of their current "in-administration" status.