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    • Emily1975
    • By Emily1975 14th Apr 18, 2:28 PM
    • 75Posts
    • 34Thanks
    Emily1975
    Tesco - return to store
    • #1
    • 14th Apr 18, 2:28 PM
    Tesco - return to store 14th Apr 18 at 2:28 PM
    Hi - have a query about an experience I just had in a Tesco store. I would be grateful for any feedback from those more knowledgeable than me.

    My wife bought some underwear there 4 weeks ago (exactly). As many stores do not accept returned underwear she explicitly asked the cashier at the point of payment if they could be returned and was told yes (there is no proof of this alas).

    She is overseas at the moment and asked me to return it for her as she didn't want to keep it and the returns period expires before she gets back. I have the receipt. On the receipt it says:

    "If you change your mind about your purchase, please retain your receipt and return it to the store with the product as sold within 30 days. Conditions apply to some products, please see instore for details."

    I went to the same store that the items were purchased from. In the store in the clothing section is a sign (the only one I could find and I did look around a fair bit) saying clothing and footwear can be returned within 28 days (no exceptions listed). Behind the customer services section is a sign setting out the returns policy, with some exceptions listed, but nothing mentioning underwear (it does explicitly say swimwear can be returned which seems analogous to underwear to me).

    I tried to return the underwear but it was refused on the grounds that they don't accept returned underwear. I explained the points above but was told it is listed as an exception on their website and that it is common policy in the industry - "if you go to M&S, they won't accept returned underwear". I explained that by the time the customer has got home and read the website it is too late to be able to do anything about it. And that their own receipt says the conditions of their returns policy can be found in store.

    They stood their ground and said they would check with the cashier shown on the receipt when they are next in (he/she is part time only) as to whether they would have thought underwear was returnable, but I don't hold out much hope of that individual admitting their mistake (if they can even remember), or even if they do there's no guarantee Tesco will admit this to me.

    I can understand why they would not want to accept returned underwear and for the avoidance of doubt think this is a reasonable condition to impose. But...is it not unreasonable to expect the customer to read the conditions on the internet (which generally aren't accessible until the customer gets home) especially when the receipt says conditions are shown instore, and to expect the customer not to rely on what they are told by a member of their own staff?

    ??
Page 1
    • unholyangel
    • By unholyangel 14th Apr 18, 2:46 PM
    • 12,641 Posts
    • 9,955 Thanks
    unholyangel
    • #2
    • 14th Apr 18, 2:46 PM
    • #2
    • 14th Apr 18, 2:46 PM
    Well technically you're only bound by conditions given to you at the time of entering the contract - neither party can retrospectively change any part of the agreement without the others consent. So strictly speaking, whats on the receipt doesn't form part of the contract as you don't get a receipt until after you've entered the contract.

    So it would be reliant on whatever information is clearly advertised in store/what you were told by their employee (however as you've realised, with the latter is can come down to what you can prove).
    Money doesn't solve poverty.....it creates it.
    • Pollycat
    • By Pollycat 14th Apr 18, 2:56 PM
    • 20,547 Posts
    • 55,242 Thanks
    Pollycat
    • #3
    • 14th Apr 18, 2:56 PM
    • #3
    • 14th Apr 18, 2:56 PM
    Hi - have a query about an experience I just had in a Tesco store. I would be grateful for any feedback from those more knowledgeable than me.

    My wife bought some underwear there 4 weeks ago (exactly). As many stores do not accept returned underwear she explicitly asked the cashier at the point of payment if they could be returned and was told yes (there is no proof of this alas).

    She is overseas at the moment and asked me to return it for her as she didn't want to keep it and the returns period expires before she gets back. I have the receipt. On the receipt it says:

    "If you change your mind about your purchase, please retain your receipt and return it to the store with the product as sold within 30 days. Conditions apply to some products, please see instore for details."

    I went to the same store that the items were purchased from. In the store in the clothing section is a sign (the only one I could find and I did look around a fair bit) saying clothing and footwear can be returned within 28 days (no exceptions listed). Behind the customer services section is a sign setting out the returns policy, with some exceptions listed, but nothing mentioning underwear (it does explicitly say swimwear can be returned which seems analogous to underwear to me).

    I tried to return the underwear but it was refused on the grounds that they don't accept returned underwear. I explained the points above but was told it is listed as an exception on their website and that it is common policy in the industry - "if you go to M&S, they won't accept returned underwear". I explained that by the time the customer has got home and read the website it is too late to be able to do anything about it. And that their own receipt says the conditions of their returns policy can be found in store.

    They stood their ground and said they would check with the cashier shown on the receipt when they are next in (he/she is part time only) as to whether they would have thought underwear was returnable, but I don't hold out much hope of that individual admitting their mistake (if they can even remember), or even if they do there's no guarantee Tesco will admit this to me.

    I can understand why they would not want to accept returned underwear and for the avoidance of doubt think this is a reasonable condition to impose. But...is it not unreasonable to expect the customer to read the conditions on the internet (which generally aren't accessible until the customer gets home) especially when the receipt says conditions are shown instore, and to expect the customer not to rely on what they are told by a member of their own staff?

    ??
    Originally posted by Emily1975
    The assistant was wrong.

    M&S do accept returns on underwear.
    Can I return underwear or lingerie purchased online or in store

    Generally you can only return underwear and lingerie if the product packaging hasn't been damaged. If the item is not packaged, you may still return it as long as the tags and hanger (if applicable) are still intact.
    http://help.marksandspencer.com/support/returns-and-refunds/lingeriereturns

    I do know that Asda allow returns on swimwear as long as the hygiene strip is still attached and am pretty sure Primark do too.

    Primark don't (I think) allow returns on knickers and class long johns the same as knickers even though I pointed out that you'd wear pants under the long johns so they were no different to returning leggings.

    Unfortunately that bit of information doesn't help you.
    • Emily1975
    • By Emily1975 14th Apr 18, 3:02 PM
    • 75 Posts
    • 34 Thanks
    Emily1975
    • #4
    • 14th Apr 18, 3:02 PM
    • #4
    • 14th Apr 18, 3:02 PM
    Thank you for responding.

    Great - so the fact their own store doesn't list underwear as an exception works in our favour. Can they rely on conditions shown on their website if these aren't listed at the store?

    Re the receipt, I've shopped their several times before and it's the same wording on all the till roll so I can rely on the fact that I was provided with the details of the policy in my previous transaction and that it hasn't changed.

    Re the employee, it's their word against my wife's and I'm not sure how they can establish that my wife is mistaken. However as they have our money I expect the onus is on us to prove them wrong rather than the other way round.
    • Emily1975
    • By Emily1975 14th Apr 18, 3:04 PM
    • 75 Posts
    • 34 Thanks
    Emily1975
    • #5
    • 14th Apr 18, 3:04 PM
    • #5
    • 14th Apr 18, 3:04 PM
    That's brilliant Pollycat - if only I had bothered to call their bluff!!

    I'm half minded to go back today with a print out
    • unholyangel
    • By unholyangel 14th Apr 18, 3:16 PM
    • 12,641 Posts
    • 9,955 Thanks
    unholyangel
    • #6
    • 14th Apr 18, 3:16 PM
    • #6
    • 14th Apr 18, 3:16 PM
    Thank you for responding.

    Great - so the fact their own store doesn't list underwear as an exception works in our favour. Can they rely on conditions shown on their website if these aren't listed at the store?

    Re the receipt, I've shopped their several times before and it's the same wording on all the till roll so I can rely on the fact that I was provided with the details of the policy in my previous transaction and that it hasn't changed.

    Re the employee, it's their word against my wife's and I'm not sure how they can establish that my wife is mistaken. However as they have our money I expect the onus is on us to prove them wrong rather than the other way round.
    Originally posted by Emily1975
    Thats not the way it works. You can't automatically apply terms from a previous contract to a new contract, not unless they've expressly stated that it will be under the same terms.


    And no they can't rely on conditions show on their website unless their in store signs say something along those lines (like "for a full list of exceptions to our returns policy, please visit our website").
    Money doesn't solve poverty.....it creates it.
    • agrinnall
    • By agrinnall 15th Apr 18, 8:21 PM
    • 20,709 Posts
    • 16,552 Thanks
    agrinnall
    • #7
    • 15th Apr 18, 8:21 PM
    • #7
    • 15th Apr 18, 8:21 PM
    Of course, if you do go back and argue the point they may take a different tack and simply refuse to accept the return from you as you were not the purchaser.
    • Emily1975
    • By Emily1975 16th Apr 18, 2:11 AM
    • 75 Posts
    • 34 Thanks
    Emily1975
    • #8
    • 16th Apr 18, 2:11 AM
    • #8
    • 16th Apr 18, 2:11 AM
    As luck would have it I was (technically) the purchaser. We were both at the shop at the time, and it was my credit card that got used. I was probably busy packing bags at the end of the checkout while my wife spoke to the cashier, hence I didn't notice her asking about the returns policy. Or else I simply wasn't paying attention.
    Last edited by Emily1975; 16-04-2018 at 8:20 AM.
    • Zandoni
    • By Zandoni 16th Apr 18, 6:56 AM
    • 2,824 Posts
    • 1,507 Thanks
    Zandoni
    • #9
    • 16th Apr 18, 6:56 AM
    • #9
    • 16th Apr 18, 6:56 AM
    When you go back again if they still will not refund you, ask for the store manager and ask him/her where the sign is clearly displayed.
    • LadyDee
    • By LadyDee 16th Apr 18, 7:40 AM
    • 3,077 Posts
    • 3,185 Thanks
    LadyDee
    OP - swimwear has a hygiene strip, knickers don't so not exactly analogous.

    I wouldn't like to think that a pair of knickers I bought might have been bought and then returned by someone else.

    We can't be talking of a huge amount if we're talking Tesco, so is it really one of those battles that is worth getting in such a tiz about? It's all very well using consumer rights in really important areas, but knickers?
    • Emily1975
    • By Emily1975 16th Apr 18, 8:12 AM
    • 75 Posts
    • 34 Thanks
    Emily1975
    Thanks for additional input.

    I did speak to the store manager on Saturday (I said I didn't want to go home without having exhausted all my options). I spoke to "Kevin" who is head of non-food. He just showed me a page on his phone which showed the terms and conditions on the website and repeated what I'd already been told. Said if I didn't like it I would have to take it up with head office.

    LadyDee, agreed. I wouldn't either (not that they would be likely to fit me!) and as mentioned earlier I'm not arguing that this condition is unreasonable in itself (the Tesco staff said if they did accept them back they'd have to go straight in the bin). Re price, agreed it isn't a huge amount (about a 10-15 for three pairs), so I doubt I'll take it much further other than drafting an email to "head office" and waiting to see if the store do call me back after talking to the original cashier.

    My main reason for drafting this thread was to check to see if I was in the right or not after having been fobbed off for 15 minutes by three different members of Tesco staff of varying seniority. I'm not about to go to the small claims court
    Last edited by Emily1975; 16-04-2018 at 8:14 AM.
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