refund but only on gift card
Discussion
I bought some cuff links from M&S in June. The one broke, so i took it back today and they would only offer me a gift card, not a refund on my credit card as the item was purchased in June and the receipt was now out of date.
I thought it was on the onus of the shop to prove the item wasnt faulty for the first 6 months?
I thought it was on the onus of the shop to prove the item wasnt faulty for the first 6 months?
The onus is on you to prove the fault but the onus is on them to prove it wasn't there at the time of sale for the first 6 months if you are for a repair or replacement. Therefore they can choose to give you a repair or repalcement or if that is not possible or is a significant inconvenience, a partial refund or ful lrefund.
If the item is faulty though and they offered a refund it should be in the method you paid and not limited to a gift voucher.
If the item is faulty though and they offered a refund it should be in the method you paid and not limited to a gift voucher.
If they were able to replace/repair them or give you a gift voucher as an alternative, that is your choice which to accept. You can only insist on cash when you reject goods, you can only reject within a reasonable period for inspection which they are saying has expired.
If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
Joeguard1990 said:
So what's the issue?
Take the gift card and then buy another pair of cuff links for the same value.
Most stores only offer a cash refund within a 14-28 day time period.
Honestly, regardless of the legal answer, surely this is the practical answer in this instance? Take the gift card and then buy another pair of cuff links for the same value.
Most stores only offer a cash refund within a 14-28 day time period.
We are talking about an M$S Gift Card here, not some odd eosteric shop where you are only likely to make a few purchases, if more than one, in a life time. Also it is not like they don't have a massive range of other products you can spend the card on.
Sometimes it is better to look at the bigger picture than what, by the letter of the law, you are entitled to.
Cue lots of people saying that they never buy anything from M&S...
ging84 said:
If they were able to replace/repair them or give you a gift voucher as an alternative, that is your choice which to accept. You can only insist on cash when you reject goods, you can only reject within a reasonable period for inspection which they are saying has expired.
If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
There is no circumstance where they could insist you take a gift ard - it is repair/replace OR money back.If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
Mojooo said:
ging84 said:
If they were able to replace/repair them or give you a gift voucher as an alternative, that is your choice which to accept. You can only insist on cash when you reject goods, you can only reject within a reasonable period for inspection which they are saying has expired.
If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
There is no circumstance where they could insist you take a gift ard - it is repair/replace OR money back.If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
Mojooo said:
ging84 said:
If they were able to replace/repair them or give you a gift voucher as an alternative, that is your choice which to accept. You can only insist on cash when you reject goods, you can only reject within a reasonable period for inspection which they are saying has expired.
If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
There is no circumstance where they could insist you take a gift ard - it is repair/replace OR money back.If they were unable / unwilling to repair or replace the cuff links, you would have been entitled to a refund as an alternative, in this could have insisted that refund be cash.
If they could prove they were not faulty at the time of sale, they wouldn't be offering you anything.
IMO a company like M&S are huge and their policies would have been checked out by their legal department to make sure they are all above board.
Buzz84 said:
No, but there are many situations where they do not need to give you a refund/exchange at all. In this situation giving a gift card could be a good will gesture when they aren't legally required to do anything.
IMO a company like M&S are huge and their policies would have been checked out by their legal department to make sure they are all above board.
Actually, I understand they base their legal policies on what they glean from Internet forums. IMO a company like M&S are huge and their policies would have been checked out by their legal department to make sure they are all above board.
REALIST123 said:
Buzz84 said:
No, but there are many situations where they do not need to give you a refund/exchange at all. In this situation giving a gift card could be a good will gesture when they aren't legally required to do anything.
IMO a company like M&S are huge and their policies would have been checked out by their legal department to make sure they are all above board.
Actually, I understand they base their legal policies on what they glean from Internet forums. IMO a company like M&S are huge and their policies would have been checked out by their legal department to make sure they are all above board.
I suspect M and S's refund policy is not straightforward - they have a 'goodwill' policy
http://help.marksandspencer.com/support/returns-an...
But that is irrelevant for SOGA rights. I suspect when the OP says the receipt was out of date the store staff was using the 'goodwill' route.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff