Taking goods back - What are your rights?
Taking goods back - What are your rights?
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Discussion

theboyfold

Original Poster:

11,479 posts

256 months

Wednesday 10th September 2008
quotequote all
My lady popped into Morrison's on the way home the other night, as I'd told her about the cheap xbox games there, and as she'd forgotten to take her phone to work she was unable to call me from the store. So she decided to pick up a few games that she thought I might like and would return the ones I didn't want smile

Upon buying the games, she asked the cashier if I didn't want any of the games, could she bring them back. To which the cashier replied, yes if you hold on to the receipt.

So she went back the next day, with 2 of the 3 games. However, one of the games had had the seal broken, so it looked like it had been opened, which we hadn't done. So they refused to refund the game that had been opened, originally they had refused to refund either game. (In the meantime somebody else had brought back a DVD and my GF has seen them refund it). The 'supervisor' checked with the girl who sold the game to my GF, and she claimed that she'd not told her she could bring it back.

What rights does she have in this situation, if the item is returned back in the condition it had been sold in are we entitled to a refund after being that she could return the game at point of purchase?

It's a fairly small and trivial matter (especially as we can list it on ebay for the purchase price), but the point of principle to me is worth the argument with them

Audimuse

54 posts

217 months

Wednesday 10th September 2008
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The fair trading website will give you your rights. Also check with the company's website on there T&C

bear puncher

93 posts

217 months

Wednesday 10th September 2008
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petrol bomb the store...or at least think about it

spikeyhead

20,550 posts

227 months

Wednesday 10th September 2008
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Unless its faulty then unless you have a recording of the salesperson saying you can take it back, you're legally stuffed.

richyb

4,615 posts

240 months

Wednesday 10th September 2008
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They only have to refund the goods if they are faulty and/or not fit for purpose. They are not obliged to take it back just because you don't want it, this is normally a gesture of goodwill. Because of piracy most places won't tale back dvd/cds once the seal is broken. You just going to have to be more cafeful next time.

theboyfold

Original Poster:

11,479 posts

256 months

Wednesday 10th September 2008
quotequote all
richyb said:
They only have to refund the goods if they are faulty and/or not fit for purpose. They are not obliged to take it back just because you don't want it, this is normally a gesture of goodwill. Because of piracy most places won't tale back dvd/cds once the seal is broken. You just going to have to be more cafeful next time.
But it was sold with the seal broken, which is the reason they are refusing to take it back.

Wings

5,970 posts

245 months

Wednesday 10th September 2008
quotequote all
spikeyhead said:
Unless its faulty then unless you have a recording of the salesperson saying you can take it back, you're legally stuffed.
Agree, down to the goodwill of the store.

Frederick

5,898 posts

250 months

Wednesday 10th September 2008
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makes no difference... the only entitlement to refund is if it's faulty... they can 100% refuse a refund or exchange if you simply don't want it. Even if it's sealed and even if you've only just bought it.

The only exception is distance sales (mail order)

theboyfold

Original Poster:

11,479 posts

256 months

Wednesday 10th September 2008
quotequote all
Fair enough, I'll make sure that she doesn't go back tomorrow to try again, I'll stick it on ebay.

It's just one of those things where the attitude of the person you are dealing with is more of an issue then getting your money back, just winds you up when you are dealt with in that way.

I (now) understand that they are acting within their rights, but good customer service goes a long way at times...

micky g

1,578 posts

265 months

Wednesday 10th September 2008
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theboyfold said:
richyb said:
They only have to refund the goods if they are faulty and/or not fit for purpose. They are not obliged to take it back just because you don't want it, this is normally a gesture of goodwill. Because of piracy most places won't tale back dvd/cds once the seal is broken. You just going to have to be more cafeful next time.
But it was sold with the seal broken, which is the reason they are refusing to take it back.
Unless you get the store to qualify a sale in writing, i.e. written & signed on receipt ' seal broken' or such like, it is down to the discretion of the store and, in this case, the honesty of the sales person.

As said above, you are entitled under the Sales of Goods act to a full refund if goods are 'not of merchantable quality' or 'fit for the purpose intended.'

If there is nothing wrong with the goods most reputable stores will give you a credit, but this is less likely with goods that can be pirated.

Looks like E Bay... wink

theboyfold

Original Poster:

11,479 posts

256 months

Wednesday 10th September 2008
quotequote all
micky g said:
Looks like E Bay... wink
And it's been sold already! smile £25 Buy It Now, so my lady has lost nothing.

micky g

1,578 posts

265 months

Thursday 11th September 2008
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theboyfold said:
micky g said:
Looks like E Bay... wink
And it's been sold already! smile £25 Buy It Now, so my lady has lost nothing.
Result!

(Nice to have a happy ending smile )

zcacogp

11,239 posts

274 months

Thursday 11th September 2008
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theboyfold said:
It's just one of those things where the attitude of the person you are dealing with is more of an issue then getting your money back, just winds you up when you are dealt with in that way.

I (now) understand that they are acting within their rights, but good customer service goes a long way at times...
I cannot agree more. Spot on.

Glad it sold on eBay. Happy endings are good. I can understand that it will leave a bad taste in the mouth tho' - particularly the sales assistant telling your missis one thing one day and lying the next day.

I'd suggest maybe a (very) polite letter to the store manager, asking what his view is, but I know it won't get a response worth reading ("store policy is blah blah blah") so just vote with your feet.


Oli.

theboyfold

Original Poster:

11,479 posts

256 months

Thursday 11th September 2008
quotequote all
zcacogp said:
theboyfold said:
It's just one of those things where the attitude of the person you are dealing with is more of an issue then getting your money back, just winds you up when you are dealt with in that way.

I (now) understand that they are acting within their rights, but good customer service goes a long way at times...
I cannot agree more. Spot on.

Glad it sold on eBay. Happy endings are good. I can understand that it will leave a bad taste in the mouth tho' - particularly the sales assistant telling your missis one thing one day and lying the next day.

I'd suggest maybe a (very) polite letter to the store manager, asking what his view is, but I know it won't get a response worth reading ("store policy is blah blah blah") so just vote with your feet.
That's exactly what she's going to do, it's such a shame as the other week she took her Civic in for a service, and it was well looked after, cleaned, pack of travel sweets etc. She also mentioned that the aircon wasn't working, which I thought was a simple re-gas but turned out to be a major part (would I be right in the saying the compressor?) that had gone. So the garage told her this, and said it was going to be about £300 to put right. To which she was obviously a bit upset as she didn't want to spend that.

However, the next day, and without any prompting from her side the garage called back and said they have spoken to Honda UK and will do it FOC, bear in mind it's an 2002 car with 68k on it! Car was booked in for the next week, loan car was handed over and her own car was back a day later, cleaned and with more sweets. So she's now smitten with that garage and will always head back there for anything to do with the car.

It's just makes so much difference when somebody takes a little time and care over a customer how much of a positive effect it can have on them.

zcacogp

11,239 posts

274 months

Thursday 11th September 2008
quotequote all
theboyfold said:
It's just makes so much difference when somebody takes a little time and care over a customer how much of a positive effect it can have on them.
And what is the outcome of that positive effect? Repeat, loyal, and long-lasting business. That dealer your wife took her car to needs to be praised on here, as such good customer service needs to be (and should be) rewarded with recommendations, praise to the heavens and lots of both repeat business from you and new customer enquiries from people you recommend them to. They will make up any money that bit of good service cost many times over.

And Morrisons? As I said, vote with your feet. If you reckon that (around) 25-33% of what you pay for your shopping in a supermarket is profit for them, and the item in question cost £25 (?), every £75 you spend somewhere else is costing them as much as they declined to offer your missis in good customer service. Make sure that you do take your business elsewhere.

If everyone who experienced poor customer service did this, poor customer service would stop instantly. Customers are treated badly because they put up with it, and the stores know this.


Oli.




theboyfold

Original Poster:

11,479 posts

256 months

Thursday 11th September 2008
quotequote all
zcacogp said:
theboyfold said:
It's just makes so much difference when somebody takes a little time and care over a customer how much of a positive effect it can have on them.
And what is the outcome of that positive effect? Repeat, loyal, and long-lasting business. That dealer your wife took her car to needs to be praised on here, as such good customer service needs to be (and should be) rewarded with recommendations, praise to the heavens and lots of both repeat business from you and new customer enquiries from people you recommend them to. They will make up any money that bit of good service cost many times over.
  • cough* Girlfriend...
Anyway, I fully agree with all your points, and I'm not sure what dealer it was, I'll check and will post the name as you say decent service like that should be praised.

H_Kan

4,942 posts

229 months

Thursday 11th September 2008
quotequote all
I know the matter has been done and dusted, however thought I'd add my take on it.

Whilst a store doesn't legally have to take unwanted returns, most will have a returns policy. Therefore this becomes part of the sales contract in addition to your statutory rights. Therefore the refund can't be refused on these grounds, only if the games aren't of a saleable condition upon return.

However on that point, many places will break the seals on games. This is so they can remove the game disk and manual, store them behind the counter and put the case on display. I know Gamestation, HMV on occaison and Game all use this system. Therefore it would have been easy enough to find another game in the supermarket with a broken seal to demonstrate your point.

theboyfold

Original Poster:

11,479 posts

256 months

Thursday 11th September 2008
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It was Maidenhead Honda, on the A4 who looked after the car clap

Frederick

5,898 posts

250 months

Thursday 11th September 2008
quotequote all
why do people associate good customer service with freebies, flagrant disregard for store policy and generally getting as much for free or reduced cost as possible. The retaillers shouldn't have to be slated with the "poor" customer service tag for following procedure...

theboyfold

Original Poster:

11,479 posts

256 months

Thursday 11th September 2008
quotequote all
Frederick said:
why do people associate good customer service with freebies, flagrant disregard for store policy and generally getting as much for free or reduced cost as possible. The retaillers shouldn't have to be slated with the "poor" customer service tag for following procedure...
How would you define good customer service?

Doing just enough to enable you to go through the store and buy goods? Or in the case of my OH up holding store policy, which entails, telling her one thing, then refusing to admit that they had told her that? Then accusing her of telling lies?

Or is good customer service something that doesn't effect the bottom line in a negative sense, a loss leader in the case of Honda (although Honda UK will pick up the service centres bill I'm sure) Making that extra effort has all but secured a future customer, who is happy to pay for a service that she knows she'll be happy with.

Edited by theboyfold on Thursday 11th September 13:55