M&S rant

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thomas

the tank engine
Location
Woking/Norwich
mickle said:
I must say that I relish the opportunity to point out the difference between a retailer's internal returns policy and the actual law.

You must have a till receipt.
Wrong.
I can only exchange the item.
Wrong.
I can only give you a credit note.
Wrong.
You don't have the card with which you paid, therefore we cannot refund.
Wrong.
You'll have to write down your name and address.
Nope.
You must keep the box in case you need to bring them back.
Wrong.
You must deal directly with the manufacturer.
Ha ha. Wrong.
The packaging has been opened.
Wrong.

All wrong! Legally, if you buy an item from a (high-street) shop you are not entitled to any form of refund or exchange, unless the item is faulty, not fit for purpose, etc - even then the shop can insist on an exchange rather than refund! If you just decide you don't like the item, you have bought the wrong size (rather than it shrunk in the wash), etc, that is your problem. Shops can offer you a refund policy "in addition to your statutory rights" and in general most do. Even if the item is faulty, say you bought a pair of jeans and they shrunk in the wash after you wore them a few times, the shop could give you a pro-rata refund as you did benefit from the item (I can't imagine many shops would bother with this though). When you bought the item you entered into a contract. If a shop has a return policy this is part of your contact and you are entitled to a refund as according to the shops policy.

You are entitled to a 7 day return when buying online, mail order, etc, to check you actually like the product when you get it.

If you don't believe me read up on your statutory rights...don't just assume you're correct and be arsey with sales assistants in shops.

I looked it up as I actually wanted to be informed when getting people fuss about refunds at work, so if they made up pretend "refund laws" I could tell them otherwise. Most shops don't really inform staff that well on statutory rights laws.

Also, as many people probably don't understand why shops do this one, this is why:

You'll have to write down your name and address.
As you're benefiting from the additional rights the shop has given you, they can request this. The details are generally, only used for checking for fraud and won't be used for marketing purposes. With a name and address the shops can check the address to make sure staff aren't just refunding items to themselves (it doesn't stop it, just makes it harder).

The other thing to be aware of is when you can have a "refund of exchange". Generally if you choose to exchange it, you won't be entitled to another refund or exchange under the shop's policy as the exchange was done instead of the refund. This is why if you're not sure on the second item it can be better to refund it, then buy the other item (so you have a new full receipt, rather than an exchange receipt).



As for M&S:

There order system mucked up and meant I ordered a small item and paid £3 postage when It should have put the small item through and a pair of shoes (enough for free postage). I phoned them up saying I wanted the £3 postage refunding as I shouldn't of paid it as their system mucked up. The guy refunded it there and then - I don't think he could be bothered with any fuss that would of entailed :rolleyes:
 

Mortiroloboy

New Member
Pushing tin said:
isn't there a 28day return on mail order thingy by law?

Won't the turd have started to liquify at that point?
 

buggi

Bird Saviour
Location
Solihull
i think the term you are looking for is "this product is not of merchantable quality therefore i am entitled to have my money back"
 

thomas

the tank engine
Location
Woking/Norwich
Thomas,

I think mickle is talking about faulty goods.

Mickle,

I did enjoy the phone call I had with the manager an hour ago. It ended with him saying "well you obviously know more about the law than I do, so I'll speak to the legal department and call you on Monday".


hmm, maybe. Even then a shop can still argue the toss over many things and still be following our minimum consumer rights. The points were definitely wrong for non-faulty goods, but I've not really looked that far into faulty oods.
 

Lion

New Member
Location
Lincolnshire
Shocking service! I've never had a problem with M&S but have you tried going in store to sort the problem?
They might take a different approach when someones ranting with a shop full of customers, they certainly do here.
As said The consumer rights law definately covers this, regardless of their policy, if need be go to citizens advice and get plenty of info, a few quotes from the act usually scares them into giving a refund/replacement.
 
thomas said:
hmm, maybe. Even then a shop can still argue the toss over many things and still be following our minimum consumer rights. The points were definitely wrong for non-faulty goods, but I've not really looked that far into faulty oods.

Sorry if I didn't make that clear, I was referring to the return of faulty goods Thomas.
I was in cycle retail for twenty odd years btw.
 

col

Legendary Member
When we had bought a three piece from dfs some years ago, the material had worn patches after three years.We were advised by a friend to get in touch as they would be obliged to put it right. Doubting this because of the time involved I tried and a manager called to look at it, after much talk and threats of getting, i cant remember the group here, but they protect your rights as consumers, we had it recovered free of charge, it turned out you have seven years with furniture to get problems fixed, I didnt know this till then.
 

purplepolly

New Member
Location
my house
Next time, use a helmet cam while you unpack so that if the product turns out to be faulty, you can prove it arrived like that. Just don't post on here if you get injured while unpacking. :biggrin:
 
An angry man walks in to a busy bike shop around lunch time, walks to the front of a small queue of people waiting to be served and pulls a SigmaSport battery from his bag by the cable, plonks it on the counter and demands very loudly to speak to the manager.

I want a refund, the wires have pulled out of this battery pack you sold me, it's not fit for purpose .

The outer sleeve of insulation has pulled away from where the cable goes into a water-bottle cage shaped lead-acid battery.

Says I, 'I'm afraid that I'm not prepared to give you a refund. I'm happy to send it back to my supplier because there is every chance that they will issue you with a new battery but that will take a week or so. It's obvious to me that the damage has been caused by you carrying the battery by the cable and I'm not prepared to give you a new battery from my stock in case my supplier refuses to replace it. So that's what I'm prepared to do, at my expense. They're very good and will probably replace it without a quibble. Would you like me to do that?'

'Well' says he, 'That's totally unacceptable, I paid £50 which I can hardly afford for this light set which is totally not fit for purpose blah blah blah...

To which I reply; 'Well I disagree, It's clear to me that you damaged it through misuse and my offer to return it is over and above what I am required to do in law blah blah..

We go round in circles, in desperation he collars another member of staff who refers him right back to me.

I say, 'My offer to return it to the supplier is the best you're going to get. I saw you carry it by the cable, I've explained that carrying this heavy battery by the cable is the cause of the damage. No cable is designed to carry the weight of the appliance. You wouldn't dream of carrying a pop-up toaster or a television by its cable would you?

'I might' says he.

'Get out' Says I.

'You can't talk to me like that, I'm a customer!'


'I can, I just did and not any more you're not.'

I got a polite round of applause from the waiting customers :biggrin:
 

col

Legendary Member
col said:
When we had bought a three piece from dfs some years ago, the material had worn patches after three years.We were advised by a friend to get in touch as they would be obliged to put it right. Doubting this because of the time involved I tried and a manager called to look at it, after much talk and threats of getting, i cant remember the group here, but they protect your rights as consumers, we had it recovered free of charge, it turned out you have seven years with furniture to get problems fixed, I didnt know this till then.

Just remembered, its consumer rights.
 
Chuffy said:
Er, no. Sounds like 'poor sod in call centre taking complaints on minimum wage' to me. Been there, done that. Never take your frustration out on them, it's not their fault. If they can't fix it for you straight away, take it higher up.

I always ask for the Supervisor!

As for the rest I always find the Small Claims Court is an excellent prod.
 

Arch

Married to Night Train
Location
Salford, UK
Lion said:
Shocking service! I've never had a problem with M&S but have you tried going in store to sort the problem?
They might take a different approach when someones ranting with a shop full of customers, they certainly do here.As said The consumer rights law definately covers this, regardless of their policy, if need be go to citizens advice and get plenty of info, a few quotes from the act usually scares them into giving a refund/replacement.


That worked for my BF with Orange, they changed their tune when they realised he was talking to them from the York shop (having tried and tried to get through from payphones and failed). The shop was full when he started the (perfectly calm) conversation, and empty when he finished....
 

col

Legendary Member
If you used your credit card to pay cant you cancel the payment? Iv heard you have some time to do this?
 

col

Legendary Member
Legally the CC company shares liability for the problem. They've been pretty good when I've had similar problems in the past.


Is there a time limit before you can cancel the payment, my memory isnt good but someone told me 30 days ?
 
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