HMV - "We dont do refunds"

mathie · 22-10-2012 9:11am #1

I recently bought a bluray as a present but the person has it already so I returned it to HMV (it was still sealed inside the plastic wrap) and they told me they could only issue a gift card.
They couldn't issue a refund.

Is that legal?

thanks

drunkmonkey · 22-10-2012 9:14am

Yea, there's no fault with the Blue-Ray you've no right to return, retailers have right as well.

Cabaal · 22-10-2012 10:51am

HMV are 100% in the right,

As "goodwill" they might give you a credit note or allow an exchange for another item but they certainly don't have to give you any refund.

In this case they've offered a gift card which is pretty reasonable of them,

wmpdd3 · 22-10-2012 3:59pm

Where I work you would only get the same title again, no chance of a gift card. Receipt or not.

Procrastastudy · 22-10-2012 4:12pm

Making the statement "We don't do refunds" isn't really illegal but it's also not something a retailer should say. It all depends on the context of what you're dealing with. In regards to products that you simply change your mind it's an accurate statement. However they can't rely any statement proportioning to restrict your rights - which only ever come into play if the product is faulty.

That said if you expect or want that level of comment when buying DVDs from HMV I'd be worried.

I wouldn't be buying anything else from them - I see that as pretty crap customer service. I hate to say this as I am don't like seeing people moving off shopping on the High Street for various reasons but, buy from Play.com or similar and you'd get it cheaper and two weeks to return it for a refund.

SteelyDanJalapeno · 22-10-2012 4:14pm

If its broken or scratched upon opening, will they refund it then?

partyatmygaff · 22-10-2012 4:16pm

TiltedBrain wrote: »

If its broken or scratched upon opening, will they refund it then?

No. It's up to them whether they choose to replace it or refund it. Consumers have a right to redress, not a right for refund.

face1990 · 22-10-2012 4:42pm

I worked in a similar shop a few years ago which had the same policy. If the product's not faulty, in most cases only store credit was given.
I say 'most cases' as anything beyond that is down to the staff/companys discretion, it's not legally required.

Procrastastudy · 22-10-2012 4:43pm

TiltedBrain wrote: »

If its broken or scratched upon opening, will they refund it then?

I'm not for one second suggesting that you are saying to break it so you can get a refund. That doesn't work anyway as as been explained below. That said people forget that ultimately this comes down to a what a reasonable person thinks happened. If the Blu-Ray is returned in two pieces or with scratches on it wouldn't take a brain surgeon, or indeed a lawyer, to cast enough doubt (51%) over whether is was actually like that when it was sold.

Nody · 22-10-2012 6:52pm

TiltedBrain wrote: »

If its broken or scratched upon opening, will they refund it then?

Then you'll at best get a replacement of the same movie...

Procrastastudy · 22-10-2012 7:29pm

Nody wrote: »

Then you'll at best get a replacement of the same movie...

In all honesty with games I just used to tell people to leave. There is a particular type of scratching occurs when a DVD gets loose in a box. 99.9% of the time, otherwise, its the punter that has scratched it.

SteelyDanJalapeno · 22-10-2012 8:10pm

Nody wrote: »

Then you'll at best get a replacement of the same movie...

At best?! nice one.

Anyway.

According to there online site they refund happily within 21 days, best stick to the online shopping so.

How long do I have to return an item?

We are happy to refund unwanted items that are returned to us within 21 days.

http://hmv.com/hmvweb/navigate.do?pPageID=5746

james142 · 22-10-2012 8:20pm

If the product is faulty when he opens it, the consumer has the say on whether they want the good replaced/repaired or refunded.

http://www.nca.ie/nca/faulty-goods

Doctor DooM · 22-10-2012 8:25pm

james142 wrote: »

If the product is faulty when he opens it, the consumer has the say on whether they want the good replaced/repaired or refunded.

http://www.nca.ie/nca/faulty-goods

Read closer. it says you are free to reject the offer but may need to go to the small claims court for a refund. It's not a definite.

Guy:Incognito · 22-10-2012 8:30pm

Doctor DooM wrote: »

Read closer. it says you are free to reject the offer but may need to go to the small claims court for a refund. It's not a definite.

and I cant see the small claims court siding with the customer when the totally reasonable offer of a brand new replacement is made but rejected.

james142 · 22-10-2012 8:30pm

Doctor DooM wrote: »

Read closer. it says you are free to reject the offer but may need to go to the small claims court for a refund. It's not a definite.

My business teacher back in secondary taught me different. He made it clear that the consumer had the right to which of the "3 r's" (as he called them) they wanted. Altought now thinking about it, he was off his hear most of the time :pac:

Procrastastudy · 22-10-2012 8:37pm

If HMV have a returns policy in their stores, I don't count online it can be different, then they are bound by it, notwithstanding the SOGA.

jack presley · 22-10-2012 8:42pm

Ok so it's been a few years but in the past I always found HMV quite good with returning items. I've even got refunds on CDs I bought, listened to once, thought was crap and brought back.

Maybe it's a sign of the times with their revenues down and them having to resort to selling Coke and Mars bars.

K.Flyer · 22-10-2012 8:52pm

I think there is a difference if you pay by cash or by card.
I paid for a CD by card and got a refund onto the card no problem when I brought it back a few days later still in the cellophane wrapper.
Maybe there is a policy of not handing out Cash as there is no traceability on it, so it goes on a gift card instead.
At the end of the day, unless the item is faulty there is no legal obligation to give anybody any refunds or credit for returned items.
It is up to each individual retailer which way they handle returns as a matter of their own customer relations policy.

borderlinemeath · 22-10-2012 10:21pm

HMV definitely used to do refunds, but it's bee a while since I bought anything that I needed to bring back.

Rule of thumb should be that if you're buying a gift for somebody, don't assume that you're 'entitled' to a refund. Nobody is for a 'change of mind' but a lot of retailers will refund as a goodwill gesture within a set timeframe. Always ask and always look for store policies displayed in store.

Guy:Incognito · 22-10-2012 10:49pm

borderlinemeath wrote: »

HMV definitely used to do refunds, but it's bee a while since I bought anything that I needed to bring back.
.

Maybe a few years of people taking the piss put paid to it.

Doctor DooM · 23-10-2012 3:02pm

K.Flyer wrote: »

I think there is a difference if you pay by cash or by card.
I paid for a CD by card and got a refund onto the card no problem when I brought it back a few days later still in the cellophane wrapper.
Maybe there is a policy of not handing out Cash as there is no traceability on it, so it goes on a gift card instead.
At the end of the day, unless the item is faulty there is no legal obligation to give anybody any refunds or credit for returned items.
It is up to each individual retailer which way they handle returns as a matter of their own customer relations policy.

I would really, really doubt there's any difference tbh, save that if the customer has no receipt technically can produce the credit card slip as proof. (although shops can argue all this proves is that a transaction took place for an amount at a given time, not what is bought, and not proof).

HMV - "We dont do refunds"

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