Marks & Spencer's Refund Policy

Alley_Cat

Wonder if anyone else has come across this?

Bought a blouse in M&S yesterday, which was in their sale. When I tried it on last night it has a tear in the material. Went to another M&S store today to try and get a replacement. They didn't have any and the store refused to give me a refund as the item had gone into their 'final clearance'

Have spoken to M&S HQ and they will not budge. So what rights do I have as a consumer?

There was nothing to say why the blouse had been reduced and there were others in different sizes, so had they all been damaged?

Interested to hear your thoughts.

Thanks!
Alley Cat
xxx
:mad:

bicycle_repair_man_2

since they didn't specify any faults with the item at the time of purchase, you are covered by the Sales of Goods Act. quote this to them and they will probably back down. if not then complain to Trading Standards

hollydays

Sometimes they (used to) mark goods with a red dot on the label-think that was their sign it was faulty,but if there were no signs,or they didn't tell you,that is illegal,it's faulty.Obviously,you would need your receipt,and you will only get the sale price.

Are you sure their were no signs at the till,for example? It appears M & S presumably have a sign that infers/states that items that go into the full and final clearance are sub-standard/damaged,and under those circumstances,you would not be entitled to a refund.Have you been back to the original branch to check (assuming that sale is still on)?

Tozer

Yep, if the defect wasn't pointed out at the time of sale, then you are entitled to a refund as the item is not of satisfactory quality within the meaning of section 14(2) Sale of Goods Act 1979 (as amended).

celyn90

hollydays wrote: »

Sometimes they (used to) mark goods with a red dot on the label-think that was their sign it was faulty,but if there were no signs,or they didn't tell you,that is illegal,it's faulty.Obviously,you would need your receipt,and you will only get the sale price.

Red dot or a stripe drawn on the label normally indicates a sale item - as sometimes people buy stuff in the sale then try to claim they bought it full price. A black stamp with an S in a circle can be used for soiled and damaged items, again on the label, but the item should be marked in some way to indicate a fault. Hope you get it sorted OP. cel x

Pollycat

Generally, stuff bought in the M&S sale can be returned for a full refund if you later decide you don't like it.

However, they do sell some items that they mark with an 'S' on the label inside the garment and/or on the price label (either in biro or with a stamp).
These items cannot be returned if you decide you don't like them or they don't fit.
This should be pointed out to you by the sales assistant when you buy them.
These items are often on a separate rail with a notice that states this, as well as saying 'your statutory rights are not affected'.
Whenever the assistant tells me that I can't return an item, I always say 'Unless I find it to be faulty/damaged - yes?' and they agree.

However, I've found this:
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
which states that if you were told of the fault at the time of purchase you're not entitled to a refund.
If you weren't told of this fault at the time of purchase, I'd go back to M&S and argue it with them.

Polly

pinkshoes

Did you take your receipt with you?

If it's still got the label attached, they should at least give you a credit note to the value of what it's currently being sold for (or if you have a receipt, a credit note or refund for what you paid for it).

How come you didn't try it on in the shop? M&S usually have nice changing rooms!!