Hey there! Sign in to join this conversationNew here? Join for free

Chances of getting a refund? Watch

    Offline

    15
    ReputationRep:
    (Original post by fran.ha)
    Hmm, so you reckon I might get an exchange then? Thats better than nothing, I just worry it will happen again :erm: But I'd be happy with an exchange as its better than nothing (and if I remember to keep my receipt this time and the same thing happend again a month down the line, I presume I could still take them back?)
    Within 6 MONTHS of purchase it is the shops obligation to prove they weren't faulty, which considering it's only 6 weeks isn't much of an issue. They would have to argue fair wear and tear, which on £22 gloves isn't likely to be accepted.

    Bank statement will be fine.

    Ask for a refund stating you are unhappy - in the interests of customer service they should do this. However, they can offer replacement/repair.
    • Thread Starter
    Offline

    3
    ReputationRep:
    (Original post by Roflhahalol)
    I'm almost certain that will happen - An exchange/credit note, if it was a case where us as normal sales staff could issue refunds then you'd probably not have a problem potentially depending on who you got.

    But as you have no receipt, and you didn't come back earlier within the allotted time then thats all I see happening.

    Why not go for the credit note, save it for whatever and then buy the other gloves you saw in this other store?
    Yeah this is what I'm thinking, my Mum and grandparents/friends etc all like Monsoon (as do I) so I'm thinking I'll take a credit note and sell it to one of them :p:
    Offline

    15
    ReputationRep:
    Note that all the people talking about past the 28 days or whatever, or a bank statement not sufficient as proof of purchase, are talking about store policy on unwanted items. This has nothing to do with the OP's rights on faulty items. Monsoon have a responsibility to ensure that their goods last a reasonable amount of time with usual wear and tear, and six weeks is a ridiculous amount of time for the gloves to look like swiss cheese.

    The retailer may be well within their rights to insist on an exchange only, but talk to the managers, talk to head office if necessary. No company wants to lose face over the price of a pair of gloves.

    http://www.which.co.uk/consumer-righ...t/your-rights/
    Offline

    15
    ReputationRep:
    (Original post by Roflhahalol)
    I'm almost certain that will happen - An exchange/credit note, if it was a case where us as normal sales staff could issue refunds then you'd probably not have a problem potentially depending on who you got.

    But as you have no receipt, and you didn't come back earlier within the allotted time then thats all I see happening.

    Why not go for the credit note, save it for whatever and then buy the other gloves you saw in this other store?
    A receipt is not necessary. A bank statement is fine as proof of purchase
    Offline

    0
    ReputationRep:
    I got given a pair of leather gloves last christmas from Dorothy Perkins and after a couple of months they had a huge hole in, but I took them back (with the receipt) and they gave me a refund with no questions asked because they could see that the gloves were otherwise in good condition, and that even though I had been wearing them, they shouldn't have worn through like they did. So think you should be fine.
    Offline

    0
    ReputationRep:
    (Original post by fran.ha)
    Just wondering what you would all think about this:

    I bought a pair of suede gloves from Monsoon 6 weeks ago (I do not have the receipt but have a bank statement), they were fairly expensive (about £22 I think) and I justified it because I figured a pair of 'proper' gloves like that instead of a cheap wooly pair would last me several winters.

    They've been well cared for since I've had them, obviously haven't done anything 'silly' in them (e.g getting them wet or anything) however, today I noticed that there are FOUR holes in them. One in the finger and 3 others in the gaps between the fingers, essentially where the seems have broken apart.

    My hands are not too big for them so I can only put this down to bad design and them not being very well-made.

    I'm just wondering whether people think I'll be eligible for a refund, as they've been worn but are obviously not good quality... do you think they would?
    First of all I'd like to clarify a few things.

    1. Proof of purchase
    A receipt is simply one method of proving that you purchased goods. There are a wide range of other types of proof, as you or another poster pointed out, this could be a bank statement, it could also be your own witness statement or the statement of a friend you were with at the time you bought the goods. Shops will often tell you you need the receipt for a refund - if the goods are faulty this is nonsense.

    2. Difference between store returns policies and your statutory rights
    The situation you face is related to faulty goods, this is different from situations where something you bought doesn't fit or you got home and decided you didn't like the colour. In the latter situation shops don't have to give you anything back, a shop with a good returns policy will say for example that if you return the goods in 28 days with the receipt and in the same condition as it was sold they will exchange it for something else. They don't have to do any of this but many do.

    However, in situations like yours, where you buy something from a shop that later turns out to be completely useless a different set of rules apply. When a consumer makes a purchase in a shop like you did the contract you entered into with the shop is governed by statute, in particular the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994). This act implies certain terms into the contract you made with the shop, one of which (section 14(2)) is that the goods must be of satisfactory quality. Satisfactory quality takes into account factors such as durability, appearance and finish and fitness for purpose. Your gloves do not appear to meet a number of these standards.

    For breaching this term your remedy in law is damages (usually money) but in this case a refund would be suitable and is the least they should do.

    Very often people that buy stuff in shops and in fact the people selling the goods in shops have no idea of a consumer's statutory rights. If you have a problem getting a refund in the shop write to their head office - you will get a refund and an apologetic letter. If not write again. If they still don't get the point contact Trading Standards (http://www.tradingstandards.gov.uk/).

    Provided you bring the goods back within a reasonable time there is no limit for returning faulty goods. Don't let anyone in a shop try to attempt to deny you your statutory rights by telling you that you've had the goods for over 28 days so we can't refund them - this is again nonsense.

    As a final aside these rules apply to goods sold in a sale as well. I often see signs in shops that say "NO RETURNS ON SALE ITEMS" - this is incorrect and against your statutory rights. If the goods are faulty you can return them. The sign should read "NO RETURNS FOR SALE ITEMS UNLESS FAULTY - THIS DOES NOT CONTRAVENE YOUR STATUTORY RIGHTS" or something to that effect.

    Please also don't get caught in the trap that the store isn't responsible. For example if you buy an iPhone from Orange and it is faulty, they may say that can't process a refund or do this or that because it's an Apple product and therefore Apple's problem not the shop's. This is again nonsense - the manufacturer as well as the shop that sold you the goods are liable.

    Good luck - let us know how you get on.
    Offline

    1
    ReputationRep:
    Without a receipt, you'll most likely get store credit or an exchange.

    It's not the nicest way of getting what you want, but if you kick up enough fuss, people in shops will tend to try and appease you just to make you go away, plus they'll be temps and the shop will be busy this time of year. Of course being nice and charming workd better than being mean, but if that fails...
    Offline

    12
    ReputationRep:
    Just go in and make a big fuss.
    If you're too shy to, get a friend/parent to that's my method.

    The other week in HMV, I tried to take back a CD that didn't work, and they told me they didn't do refunds. My dad was literally enraged when I told him, so he went in for me. As soon as he did, and showed them the CD and explained it didn't work, they refunded him straight away. Pretty shocking.
    Offline

    20
    ReputationRep:
    The items were not fit for purpose, and are an expensive pair of gloves. They would be breaking UK laws if they don't refund you. If they dont, then you have TS plus possibly court if you cba

    I think spouting the law really helps at times. Google "sales of goods act".
    Offline

    0
    ReputationRep:
    As above the 28/30 day thing is store policy not actual law, law is a reasonable amount of time which is why say you buy an electrical item from a shop and companies refuse a refund, repair or exchange they are breaking the law, legally its a year I think from purchase that companies must deal with faults themselves after that its with the manufacturer.
    Offline

    0
    ReputationRep:
    (Original post by Prudy)
    A receipt is not necessary. A bank statement is fine as proof of purchase
    Yes, tell my manager that along with this whole story about dodgy gloves.

    As much as it may/is a proof a purchase, I highly doubt and would even bet a significant sum of money that the OP would not get a refund.

    I've seen this palava happen before instore.
    Offline

    20
    ReputationRep:
    (Original post by EarlHickey)
    As above the 28/30 day thing is store policy not actual law, law is a reasonable amount of time which is why say you buy an electrical item from a shop and companies refuse a refund, repair or exchange they are breaking the law, legally its a year I think from purchase that companies must deal with faults themselves after that its with the manufacturer.
    Kind of. If less than six months has passed, the item is deemed to have the fault inherent when you bought it, and the store has to prove otherwise.

    If more than six months has passed, you have to prove that the item had a fault with it when you bought it. There's also a sense of "reasonable time" It would be wise to say that £1 bin liners may last about 1 week, but for a £1000 TV to last for about three years(This is why I don't buy warranties; Id rather take the store to court)
    Offline

    0
    ReputationRep:
    (Original post by de_monies)
    Kind of. If less than six months has passed, the item is deemed to have the fault inherent when you bought it, and the store has to prove otherwise.

    If more than six months has passed, you have to prove that the item had a fault with it when you bought it. There's also a sense of "reasonable time" It would be wise to say that £1 bin liners may last about 1 week, but for a £1000 TV to last for about three years(This is why I don't buy warranties; Id rather take the store to court)
    Thats slightly different than i meant, if under a year the store must deal with the issue but say after 6 months they may just contact the manufacturer themselves to organise a repair as the contract is with the shop not the manufacturer.
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Will you be richer or poorer than your parents?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.