Next 28 day return policy

PHK

gwen80 said:

On 7th June, I went into a Next store and bought a pair of jeans.  I tried to return them today for a full refund and was told that I had to get a voucher as it was outside of their 28 day full refund returns policy window. 

I was told that they start their '28 day' clock from midnight the night before (16hrs before I even entered the shop...).  Is anyone aware if there is a Next clothing store in the UK which is even open at midnight?  I'm pretty sure there isn't...  And doesn't this mean that their true full refund returns policy is 27 days since they're saying I would have had to have bought the jeans on 6th June to get a full refund today.  

Next's policy is more generous than your legal rights (which only allows a return if something is faulty)

And it's not unusual for firms and organisations to count day one as the day on which the transaction happened. eg if I get on a bus and buy a 7 day ticket, then that starts immediately even if there's only a few hours left of the day. 

Aylesbury_Duck

gwen80 said:

On 7th June, I went into a Next store and bought a pair of jeans.  I tried to return them today for a full refund and was told that I had to get a voucher as it was outside of their 28 day full refund returns policy window. 

I was told that they start their '28 day' clock from midnight the night before (16hrs before I even entered the shop...).  Is anyone aware if there is a Next clothing store in the UK which is even open at midnight?  I'm pretty sure there isn't...  And doesn't this mean that their true full refund returns policy is 27 days since they're saying I would have had to have bought the jeans on 6th June to get a full refund today.  

Another way of phrasing that is "at midnight at the start of the day of purchase".

Take the voucher.  It's more than you're entitled to.

Emmia

Does the receipt have the date by which the item needs to be returned printed on it?

Some shops do this, although I don't know if Next do this as I've not bought anything from them for ages.

But yes, take the voucher you won't be getting a refund as you're not legally entitled to one and you're outside the Next goodwill policy.

Arunmor

Their policy sates within 28 days.  Day 28 is not within 28 days (ie it needs to bye less than 28 days).

the_lunatic_is_in_my_head

Ignoring the possibility 28 days may have expired either way, in the absence of anything stating "'28 day' clock from midnight the night before" then I don't think it would apply due to:

https://www.legislation.gov.uk/ukpga/2015/15/section/69

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Although their 28 day policy doesn't come under consumer rights it's still a contractual term in a consumer contract.

Arunmor

the_lunatic_is_in_my_head said:

Ignoring the possibility 28 days may have expired either way, in the absence of anything stating "'28 day' clock from midnight the night before" then I don't think it would apply due to:

https://www.legislation.gov.uk/ukpga/2015/15/section/69

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Although their 28 day policy doesn't come under consumer rights it's still a contractual term in a consumer contract.

It's irrelevant as their terms say "within" 28 days. Day 28 is not within.

Okell

Aylesbury_Duck said:

gwen80 said:

On 7th June, I went into a Next store and bought a pair of jeans.  I tried to return them today for a full refund and was told that I had to get a voucher as it was outside of their 28 day full refund returns policy window. 

I was told that they start their '28 day' clock from midnight the night before (16hrs before I even entered the shop...).  Is anyone aware if there is a Next clothing store in the UK which is even open at midnight?  I'm pretty sure there isn't...  And doesn't this mean that their true full refund returns policy is 27 days since they're saying I would have had to have bought the jeans on 6th June to get a full refund today.  

Another way of phrasing that is "at midnight at the start of the day of purchase".

Take the voucher.  It's more than you're entitled to.

Shirley the simplest way of phrasing it is " the day of purchase counts as day one of 28"?

Okell

Arunmor said:

Their policy sates within 28 days.  Day 28 is not within 28 days (ie it needs to bye less than 28 days).

Arunmor said:

the_lunatic_is_in_my_head said:

Ignoring the possibility 28 days may have expired either way, in the absence of anything stating "'28 day' clock from midnight the night before" then I don't think it would apply due to:

https://www.legislation.gov.uk/ukpga/2015/15/section/69

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Although their 28 day policy doesn't come under consumer rights it's still a contractual term in a consumer contract.

It's irrelevant as their terms say "within" 28 days. Day 28 is not within.

Hmm?  I think I'd disagree with you there.

I think the phrase "within 28 days" clearly includes day 28.

It doesn't say "fewer than 28 days" and it doesn't say "no more than 27 days".

But I do think it isn't clear from what day the 28 days starts...

Okell

the_lunatic_is_in_my_head said:

Ignoring the possibility 28 days may have expired either way, in the absence of anything stating "'28 day' clock from midnight the night before" then I don't think it would apply due to:

https://www.legislation.gov.uk/ukpga/2015/15/section/69

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Although their 28 day policy doesn't come under consumer rights it's still a contractual term in a consumer contract.

You are probably right because Next don't make it clear in their store returns policy when the 28 day return clock starts.

Personally I would assume the day of purchase was day 1, but I can understand that a consumer could reasonably believe that day 1 was the day after purchase.  (eg if the return policy was one day most people would assume the following day was ok and not that they had to return on the day of purchase).

Having said that I'd never cut something so fine that you might be arguing over whether you were on day 27, 28 or 29.

the_lunatic_is_in_my_head

Arunmor said:

the_lunatic_is_in_my_head said:

Ignoring the possibility 28 days may have expired either way, in the absence of anything stating "'28 day' clock from midnight the night before" then I don't think it would apply due to:

https://www.legislation.gov.uk/ukpga/2015/15/section/69

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Although their 28 day policy doesn't come under consumer rights it's still a contractual term in a consumer contract.

It's irrelevant as their terms say "within" 28 days. Day 28 is not within.

And that is exactly why such a clause is in the CRA