mynickers

Hi Guys,

I studied a lil bit of business law at uni, obviuosly went in one beery ear and out the other.

But I just got bought a present from Richer Sounds (AV Speaker package), but the old man bought the wrong one, which is more expensive than what I wanted and more importantly too bloody big for my room.

He took it back and they refused to refund him and said their policy is only to give credit notes.

This is bollocks though isnt' it?

If the law states that you can return something in perfect nick within 14 days of purchase, then surely their policy is not legal?

****ing drives me up the wall, once I've got these speakers I don't need any more, and I don't really want a load of money that was suppose to be a gift sitting in their accounts earning interest, especially when there is nothing I wanna buy form them.

I'm totally gonna shout at them, I just wanted to get my facts straight, I think it's a load of complete, bollocks but I might be wrong?

MattW

No I think they are within the law. Other places do it too, world of soccer springs to mind.

SJ_Skyline

This may help:
http://www.dti.gov.uk/ccp/topics1/fa...legoodsact.htm

Brendan Hughes

Kids these days - ungrateful little *******

AndyC_772

iTrader: (2)

I think you're getting confused with the Distance Selling Regulations, which do give you the right to return goods for a full refund if purchased by mail order.

If, however, the goods were purchased in-store and are not actually defective, then the store is under no legal obligation to take them back. Many stores do operate no-quibble returns policies, but that's up to them, it's not something they're legally obliged to do.

Trout

iTrader: (1)

I think Richer Sounds are generous in offering you a credit note and offering to take the kit back.

If they had advised your dad on what to buy AND knew the purpose and dimensions of installation then you MAY have a leg to stand on.

As your Dad selected the item (unwisely in this case) then you have no grounds for a refund - minutes, hours or days after the contract of sale is made.

I had this recently as Truda bought me a photo printer and a box of replacement papers and cartridges for Christmas. She asked the shop for advice and the shop selected the items and she bought them in good faith.

Come to March I find out that the cartridges are the wrong ones. As the shop provided the advice then they took them back even after three months.

Iwan

The 14 days is for credit agreements, so if he'd taken out finance to buy it he'd have been able to return it. The 7 day thing is for distance selling, e.g. bought online. From a shop you'll be lucky to get anything other than an offer to exchange or get store credit.

lordharding

iTrader: (1)

yes the above is correct

shop does not have to give refund


but are helping out by giving credit note

Scooby Soon!

looks like you were too busy looking out the window!

This sort of thing realy pisses me off why should a shop take something back just because you have changed your mind?

YOU made the mistake not the shop. In future make sure you know what you actually want before paying for it,

One problem dealing in retail you have to deal with many dimwits that "know there rights" or "have studied business at university" etc etc

RichWalk

The 'suitability clause' is a grey area in refunds, this is usually a managerial decision based on 'good faith'

MattW

Talking of dimwits, it is "their" not "there"

HTH

paulr

Big stores like house of Fraser do change of mind refunds,but its not the law.

Scooby Soon!

but i left school at 15 I didn't go to doss at college or university

and the one thing i can never remember is there and their!

Brendan Hughes

Actually, it's not a very good advert for business studies graduates, is it?

DazW

iTrader: (1)

But surely its in the shops interest to offer an exchange? ...otherwise they're just going to get a load of 'faulty' returns instead???

OllyK

Consider that a screwdriver through a speaker cone isn't going to count as faulty workmanship and such fiddling would be considered fraud anyway. Better off selling it on fleabay if you can't get a refund

Scooby Soon!

Yes people have tried this with me, they come in one day asking for a refund then they come in days later saying that its stopped working?!

Everytime this has happened I have told them to take us to court!

SVVG

iTrader: (1)

I've got exactly the same problem - but have a £185 credit note from Agent Provocateur.... on the basis that my G.friend has now decided that none of their stuff fits her properly (having made several comments before her birthday that she fcking loved AP stuff - hence why muggings went out and bought said over priced - yet tasteful underwear, as it was valentines day and her birthday (also on the 14th) only to be told I obviously didn't know her properly and should have known the stuff wouldn't fit her, and had ruined her birthday and valentines day, and that maybe we should have some time apart as a consequnce. She gracious like that.

Am delighted to advise that all is well between us at the moment, aside from having blown £185 on fck all, and not really having the ***** myself to make it worthwhile buying something for my cross dressing phase...

Anyway, rant over. I'm a Solicitor and the Law is as advised above - so there's nothing either of us can do - except I could have a go at finding a slimmer girlfriend before the credit note expires I suppose....

One option would be to ask the store if they'll give you a transferable credit note so at least you can flog it...

MikeCardiff

iTrader: (2)

And if you did take a faulty item back, the shop have NO LEGAL requirement to refund you anyway - they are within their rights to offer a replacement as long as it can be given to you within 'a reasonable amount of time' ( if for example they have to order another one ).

The point behind it being - if you went to a shop and bought item X, you obviously wanted it, and were happy with the price etc... - if you then got it home and found it didnt work, surely you'd want a working 'X' rather than a refund ?

The law was set up to stop people who change their minds, see it cheaper somewhere else etc... damaging goods and then demanding a refund because they are faulty.

It does annoy me as well when people who buy the wrong thing think they are entitled to return it. Why should the shop take back something they can now only sell as second hand ? Most shops dont get their stock on SOR from the supplier, so why should they foot the bill because the customer made a mistake.

So for the OP, I think Richer Sounds offer is more than fair - so you go into the shop and 'totally shout at them' - they can then tell you that you cant have a credit note either, you'll be stuck with the speakers you dont want and will have made a pratt of yourself in the shop.

OllyK

Time to take on an attractive, Kylie (seeing as she advertises AP) shaped bit on the side to see you through the grumpy patches!

MikeCardiff

iTrader: (2)

SVVG - surely the point of such underwear is that it doesnt really matter if it fits, as shes not going to be wearing it very long ?

Trout

iTrader: (1)

They are offering an exchange via a credit note

SVVG

iTrader: (1)

I tried this line of argument (defence...) - it didn't work....

Where can I get me a Kylie?

KiwiGTI

But surely in this case you are entitled to a refund as the goods did not fit? I have never come across a clothing retailer (including swimsuits and lingerie) that wouldn't refund in the case of wrong size, as long as the goods were unsoiled.

SVVG

iTrader: (1)

Whilst I am a bit psed off with my GF - I do feel bound to protect her dignity to some degreee - I can confirm that the goods were not soiled in any way shape or form...

OllyK

If you're after the real article - get in line

MikeCardiff

iTrader: (2)

KiwiGTI - its at the shops discretion - this is why they have changing rooms so you can try things on first to see if they fit. If someone else buys something for you and it doesnt fit, the legal standpoint is 'tough'.

Most clothes shops will accept returns because the margins on clothes are so huge that they can easily afford to resell the item in the sale at 1/3 of its original price and still make a profit on it. ( I know someone who owns a clothes shop selling designer stuff, and the markup on most of it is massive ).

For underwear / lingerie though the law is slightly different as for hygiene reasons they shouldnt be resold ( and the only way someone would know if it fitted would be by trying it on ). The DSR dont apply to underwear either, which is why a lot of online and mail order sellers wont accept returns for wrong sizes.

Trout

iTrader: (1)

Only Scoobynet - from suing Richer Sounds to Kylie in underwear - you have to love it

And to help the hard of thinkng...

http://www.ifilm.com/ifilmdetail/2424040

mart360

AFAIK i thought the process was if the goods were faulty or not of merchantable quality, then under the sale of goods act you are entitled to a refund.

The other clauses being if you accept a repair, then you forfit the right to a refund, as you have accepted the shops offer.

I thought credit notes were now illegal, although i could be wrong,

Although i do recall that if you make clear at point of purchase that the item is a gift and may not be suitable, then a refund was permissable


this may help

http://www.dti.gov.uk/ccp/topics1/gu...sumerguide.pdf

Mart

mart360

Just lifted from Richer Sounds web site


RETURNS
To return your purchase to Richer Sounds Internet

We will happily accept the return of your purchase under the following circumstances.

1.We offer a full refund for units purchased on our website, excluding delivery and collection charges incurred by us if the unit is unwanted and complete with packaging/accessories and in an �as new� condition, we aim to issue refunds within thirty days from collection at the outside.

2.Should the unit arrive faulty or damaged in transit; we will happily exchange this for a replacement unit or issue you with a full refund or credit as soon as possible.

3. Should the unit develop a fault:
� if the unit is covered by our �Supercare� extended warranty:
(this may be taken out any time within thirty days of purchase, by simply emailing webaftersales@richersounds.com)
We will happily collect the unit free of charge for a free speedy repair.

� If the unit is covered by our 'Panel Protection' extended warranty:
(this may be taken out any time within thirty days of purchase, by simply emailing webaftersales@richersounds.com)
We'll pick it up from your home and return it as soon as it is ready (LCD up to 30" we will obviously collect the unit, there will however be a small charge to cover our costs for collecting and delivering your unit).

� If it is covered by the manufacturer�s twelve month guarantee:
We will obviously collect the unit, there will however be a small charge to cover our costs for collecting and delivering your unit.

All items (excluding styli and cross faders) are guaranteed for a full 12 months for domestic use (second hand/ex-demo/service 3 months). Obviously we can�t be expected to guarantee against misuse (i.e. coffee spilt inside, blown speakers etc.), excessive wear and tear (i.e. commercial use), screen burn caused by channel logos or other static images or dead pixels of an amount not covered by the manufacturer's specifications. Please note that if repairs are done other than by ourselves or authorised agents our guarantee can�t apply. This guarantee is naturally in addition to your statutory rights. After the guarantee has expired we will still endeavour to help with any servicing your equipment may require.

Should you wish to use the service mentioned above please contact our aftersales department at webaftersales@richersounds.com, if this is inconvenient you may also take the unit to your local store.


so it would appear that a refund is permissable in this case


Mart