📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Being refused a refund despite the refund policy on my receipt

Options
jjj1980
jjj1980 Posts: 581 Forumite
Part of the Furniture 500 Posts Combo Breaker
i purchased 15 boxes of wall tiles on 13th January 2025 and the store assistant and the receipt both confirmed I had a 3 month returns period.  I purposefully bought at the time I did and purchased extra due to this policy.

i visited the store yesterday to return the 5 unopened boxes to be told they had recently changed their returns policy to 30 days, which I was now outside.  I pointed out that my paperwork given by them states a 3 months returns period, to which the store manager said that didn’t matter, that they were allowed to change their returns policy at any time they wished and that they were allowed to apply it retrospectively.  This I disagree with as it makes a fundamental change to the contract I have with them, based on the wording in my receipt, a change that I have not agreed to.  The store manager stated that they have already turned away a couple of people recently after getting in trouble with head office for complying with the receipt wording rather than the new policy.

i have sent an online request to Citizens Advice Bureau and asked the store to email head office to to ask them to revise their decision for purchases made prior to the policy change.  It will be likely a couple of days before I hear back from the store.

Hoping to gain some further information on rights regarding the policies quoted on the receipt.  Many thanks.
«1

Comments

  • darrensurrey
    darrensurrey Posts: 246 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 2 March at 11:34AM
    It would be interesting to see what the CAB says. I suspect that (and IANAL) you are in the right but in order to uphold your right, you may have to go down the small claims route in court which has associated (low) fees (see .gov.uk website) plus the time and effort it takes. It may also be worthwhile speaking to Trading Standards.

    Another idea might be to speak to your local newspaper who might pay you for the article which would essentially cover your losses!
  • MattMattMattUK
    MattMattMattUK Posts: 11,235 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    edited 2 March at 11:35AM
    jjj1980 said:
    i purchased 15 boxes of wall tiles on 13th January 2025 and the store assistant and the receipt both confirmed I had a 3 month returns period.  I purposefully bought at the time I did and purchased extra due to this policy.

    i visited the store yesterday to return the 5 unopened boxes to be told they had recently changed their returns policy to 30 days, which I was now outside.  I pointed out that my paperwork given by them states a 3 months returns period, to which the store manager said that didn’t matter, that they were allowed to change their returns policy at any time they wished and that they were allowed to apply it retrospectively.  This I disagree with as it makes a fundamental change to the contract I have with them, based on the wording in my receipt, a change that I have not agreed to.  The store manager stated that they have already turned away a couple of people recently after getting in trouble with head office for complying with the receipt wording rather than the new policy.

    i have sent an online request to Citizens Advice Bureau and asked the store to email head office to to ask them to revise their decision for purchases made prior to the policy change.  It will be likely a couple of days before I hear back from the store.

    Hoping to gain some further information on rights regarding the policies quoted on the receipt.  Many thanks.
    I am fairly sure that they can change their returns policy because it exceeds your consumer rights, which is no right of return for in person purchases. There is not a contract in the way you think there is because there is no ongoing service provision. 

    Lunatic is the expert on these kind of things so he would be able to confirm for sure.
  • haze23
    haze23 Posts: 35 Forumite
    10 Posts First Anniversary
    Can only second the above. More than once I have contacted companies regarding 'lifetime warranties' for products only to be told they're not interested as their policy has changed. Like the OP, some form of extended return/warranty played a part in the original purchase, so I find this poor practice. Of course they're entitled to change policies but struggling to see how it is reasonable to apply retrospectively and where to turn when a company adopts this position. Likely too difficult/not worth pursuing for most people and I think they know this but put profit before reputation; yes it's frustrating.
  • user1977
    user1977 Posts: 17,866 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    It's a contractual right, the shop can't unilaterally change it in respect of sales already made. 
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    jjj1980 said:
    i purchased 15 boxes of wall tiles on 13th January 2025 and the store assistant and the receipt both confirmed I had a 3 month returns period.  I purposefully bought at the time I did and purchased extra due to this policy.

    i visited the store yesterday to return the 5 unopened boxes to be told they had recently changed their returns policy to 30 days, which I was now outside.  I pointed out that my paperwork given by them states a 3 months returns period, to which the store manager said that didn’t matter, that they were allowed to change their returns policy at any time they wished and that they were allowed to apply it retrospectively.  This I disagree with as it makes a fundamental change to the contract I have with them, based on the wording in my receipt, a change that I have not agreed to.  The store manager stated that they have already turned away a couple of people recently after getting in trouble with head office for complying with the receipt wording rather than the new policy.

    i have sent an online request to Citizens Advice Bureau and asked the store to email head office to to ask them to revise their decision for purchases made prior to the policy change.  It will be likely a couple of days before I hear back from the store.

    Hoping to gain some further information on rights regarding the policies quoted on the receipt.  Many thanks.
    I am fairly sure that they can change their returns policy because it exceeds your consumer rights, which is no right of return for in person purchases. There is not a contract in the way you think there is because there is no ongoing service provision. 

    Lunatic is the expert on these kind of things so he would be able to confirm for sure.
    There is very much a contract in the same way as if there was an ongoing service. 

    The problem with store purchases is often there is no written contract, doesn't mean a contract doesn't exist but that its hard to document what it was. There are also things that are implicit in contract even if not stated, like something will be of reasonable quality (considering the price etc) or a service will be handled will due skill. 

    It is possible for a contract to allow one party to change the terms of the contract so in principle what has happened could be ok however where is unilateral and only for one side its likely to be considered an unfair contract term therefore making it unenforceable... they could do more to make it more likely to be enforceable by giving notice of the change to all in contract customers, or in other circumstances an additional right to cancel. 

    Unless the receipt's terms state that they have any discretion as to if they accept the return then it's unlikely their change can be applied retrospectively. 
  • Okell
    Okell Posts: 2,673 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 2 March at 12:44PM
    I would agree with others who say that the returns policy on the receipt forms part of the contract between the OP and the trader.  

    (I base that decision on the OP saying: "... the store assistant and the receipt both confirmed I had a 3 month returns period.  I purposefully bought at the time I did and purchased extra due to this policy."  ie that he was aware of the policy before purchase, and the existence of the policy influenced his decision to buy from that particular trader.)
  • Hello OP

    As above it is a contractual right (rather than a consumer right under the legislation), changing the terms of a contract requires both sides to agree, the trader's right to vary terms is very limited and it is extremely unlikely they have any right to impose the new policy on orders completed when the old policy was in place.

    As they have a head office (which company is this OP?) if you make enough noise I'm sure they'll give in. 
    In the game of chess you can never let your adversary see your pieces
  • [Deleted User]
    [Deleted User] Posts: 120 Forumite
    100 Posts Name Dropper First Anniversary
    No question, the store cannot retrospectively change contractual terms to your detriment. They haven't a leg to stand on. And what store is it, so we can avoid it?
  • Mr.Generous
    Mr.Generous Posts: 3,985 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sounds like this store wants to go bust. How did you pay?
    Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.