Store refuses to honour refund/exchange policy

VictoriaC

Hi All, I bought a watch from a big department store in Dublin and brought it back within 12 days as it stopped working - I was informed that the watch has to be sent to the UK for repair and the Repair Centre will post it back to me within 4-7 weeks.
I gave in my receipt, warranty booklet and original packaging with the Watch (was in perfect condition and the guy agreed).
I asked the question of why can't I get a refund or exchange seeing as though the watch is so new but I was informed that it's store policy to not do this.

I wrote a letter the following day to the Store and was informed to come in and discuss it with the manager (of the Watch section - not store manager). I went in to see the manager and was informed that I was entitled to a full refund or exchange as it was within 28 days BUT they can't do this as they have sent the watch with the receipt off to the UK. BUT they can offer an exchange when I receive the watch (which will be sent directly to my home address).

I argued with the manager, saying its not my fault they sent the receipt off (I didn't keep a copy and neither did they) but he said that they need some vital information that is only on the receipt to process the exchange through the system - so its not possible now.

I have written another letter to say I am dissatisfied and that it is against their Store Policy which states on their website that within 14 days you are entitled to a full refund and within 28 days an exchange is done - no reply back as yet - but what are my rights here??? I am upset about this whole thing, I just want a refund at this stage.

The watch was so brand new, only wore it on the first day I got it for a few hours and kept it in the original packaging otherwise - it broke 4 days later and I only brought it back a few days later. The watch will be longer out of my possession than it was in it.

jor el

You have the right to a replacement, repair or refund. They offered you a repair, and you accepted it. At this point, you have no automatic right to any other recourse, unless there is an undue delay in the repair. The repair time should be reasonable, but there is no defined time frame in law, so reasonable is for you and the store to agree between you.

VictoriaC

jor el wrote: »

You have the right to a replacement, repair or refund. They offered you a repair, and you accepted it. At this point, you have no automatic right to any other recourse, unless there is an undue delay in the repair. The repair time should be reasonable, but there is no defined time frame in law, so reasonable is for you and the store to agree between you.

Heavens!! so the guy was really trained to not offer exchange/refund and only if I knew their policy beforehand I would have been offered an exchange. I haveto wait for the watch to be posted back to me and then I'm allowed an exchange (no refund given).

Next time I wont be so ill informed when I bring something back and I will also ask all these questions before I purchase it!

LisaLee

That's unreal! Keep at them, if they don't give you a refund then they're obliged to replace the watch or give you a credit note.

Although I wouldn't blame you if you didn't want to shop there anymore.

Whereabouts is the shop located?

P. Breathnach

LisaLee wrote: »

That's unreal! Keep at them, if they don't give you a refund then they're obliged to replace the watch or give you a credit note...

No, they are not. The answer jor el gave was spot on. A credit note is not part of the basic set of legal remedies, even though a customer might agree to accept one.

VictoriaC

It's a big Department Store in Dublin 16.

I have sent a fax and email to them and no reply as yet.... just waiting now... I hope my watch isnt still sitting in their store - I get the feeling they haven't sent it off yet..... !!

I won't be buying anything like this from them again (and its a pity coz I've bought a few items from there). But they haven't mentioned refund - only exchange once I get the watch back and I'm very lucky to have been offered that- by the way!

LisaLee

P. Breathnach wrote: »

No, they are not. The answer jor el gave was spot on. A credit note is not part of the basic set of legal remedies, even though a customer might agree to accept one.

For this particular store its in their return policy listing actually.

They're obliged to either replace or give a credit note after a certain period of time.

Hope you get sorted out OP.

LisaLee

LisaLee wrote: »

For this particular store its in their return policy listing actually.

They're obliged to either replace or give a credit note after a certain period of time.

Hope you get sorted out OP.

It doesn't make a blind bit of difference what their return policy is. This is a faulty item and therefore the OP's statutory rights come into play, a credit note is not an acceptable form of recourse.

VictoriaC

They haven't mentioned a credit note either - no mention of getting any form of "cash" back from them but only an exchange. I looked in the display cabinet and my model watch wasnt in there!! Imagine I have to choose a different watch as a replacement !!! ARRRRRGGGHHHHH

LisaLee

Deleted User wrote: »

It doesn't make a blind bit of difference what their return policy is. This is a faulty item and therefore the OP's statutory rights come into play, a credit note is not an acceptable form of recourse.

Then she's entitled to a full refund or a replacement? Even though the return policy states that a credit note is the next port of call?

P. Breathnach

LisaLee wrote: »

Then she's entitled to a full refund or a replacement? Even though the return policy states that a credit note is the next port of call?

Exactly. The shop cannot impose a policy that takes away a customer's statutory rights.

Once OP accepted the offer of a repair then, provided the repair is satisfactory, that is the end of the story, as the problem has been solved. If the repair is not satisfactory, then OP has a right to either a replacement or a full refund (which is offered is at the seller's discretion). If replacement is impossible because the seller does not have another watch of the right type, then the only remaining remedy is a refund.

VictoriaC

I'm getting a refund - got the call today from the Store. Happy Days!

jor el

VictoriaC wrote: »

Imagine I have to choose a different watch as a replacement !!! ARRRRRGGGHHHHH

I know you're getting your refund now, but if it came down to a replacement and there wasn't the same one available (they were forcing you to pick an alternative), then you could insist on a refund at that point. This may be why they're offering you the refund now, since a replacement is not available.

VictoriaC

Well before this I was just getting a brand new repaired watch - so I'm happy to get offered a refund - I can buy the watch somewhere else now!

and if I did't persist with it I'd be getting nothing.........