Store will only refund store credit after paying cash

Tesco TripleChicken

I got an item of clothing in a store, then returned it the next day. I paid with cash. The cashier told me they only refund store credit. Is this legal?
If I'm exchanging my cash for an item, I'd expect to be able to get my cash back, rather than a voucher for the store.

Molester Stallone II

Tesco TripleChicken wrote: »

I got an item of clothing in a store, then returned it the next day. I paid with cash. The cashier told me they only refund store credit. Is this legal?
If I'm exchanging my cash for an item, I'd expect to be able to get my cash back, rather than a voucher for the store.

Why did you return the item?

galwayjohn89

If its a change of mind your entitled to nothing. They don't even need to give you store credit.

ScouseMouse

Tesco TripleChicken wrote: »

I got an item of clothing in a store, then returned it the next day. I paid with cash. The cashier told me they only refund store credit. Is this legal?
If I'm exchanging my cash for an item, I'd expect to be able to get my cash back, rather than a voucher for the store.

If the item was returned due to it being faulty or not fit for purpose, you are entitled to a refund in the manner in which you paid.

If you returned it because you changed your mind, disliked the colour, or something similar, and the product was perfect with nothing wrong with it, it doesnt matter what you want or demand, you have no right to it.

It is purely down to the goodwill and policy of the store.

Tesco TripleChicken

Vuzuggu wrote: »

If its a change of mind your entitled to nothing. They don't even need to give you store credit.

Yes it was a change of mind.

Guess I can always just sell the voucher or spend it, return policies like this would put me off buying from them though.

MarkAnthony

It depends on the store policy. If the store have a cash refund policy in place for change of mind then you are entitled to a cash refund. Half reading the Sales of Goods Acts notwithstanding it's simple contract.

coylemj

MarkAnthony wrote: »

If the store have a cash refund policy in place for change of mind then you are entitled to a cash refund.

That's a leap too far I'm afraid. If the store has a cash refund policy, you are still not 'entitled' to a refund and in particular virtually every store that has a 'no quibble cash refund' policy will usually suspend this offer during sales because for obvious reasons they don't want people bringing back January sales merchandise in February.

The word 'entitled' doesn't enter into the equation if you change your mind.

MarkAnthony

coylemj wrote: »

That's a leap too far I'm afraid. If the store has a cash refund policy, you are still not 'entitled' to a refund and in particular virtually every store that has a 'no quibble cash refund' policy will usually suspend this offer during sales because for obvious reasons they don't want people bringing back January sales merchandise in February.

The word 'entitled' doesn't enter into the equation if you change your mind.

Of course it does.

It forms part of the contract which sits on a level above one's statutory requirements.

A contract is formed on the basis of offer, acceptance and consideration. Part of that contract are the T&C's of the retailer, these can not be modified by parole but of course can be modified by a written T&C/notice.

Molester Stallone II

MarkAnthony wrote: »

Of course it does.

It forms part of the contract which sits on a level above one's statutory requirements.

A contract is formed on the basis of offer, acceptance and consideration. Part of that contract are the T&C's of the retailer, these can not be modified by parole but of course can be modified by a written T&C/notice.

The op has stated it was a change of mind, everything else after that is irrelevant

braddun

have you a reciept

MarkAnthony

Molester Stallone II wrote: »

The op has stated it was a change of mind, everything else after that is irrelevant

Why? What is your basis for making that comment?

I suspect it's your reading of the Sales of Goods Acts or something that's been based on that from the citizens advice etc. You're completely ignoring common law contract. You can't have something in a contract for sale and then ignore it, it's as simple as that. The various pieces of legislation allow a basic framework which can be fleshed out if a retailer want to. If there is a sign up drawing the customers attention to an additional benefit such as a cash refund that forms part of the contract.

corsav6

braddun wrote: »

have you a reciept

It won't make any difference, change of mind entitles you to nothing. Retailers may have their own policy's such as no quibble returns but the sale of goods act won't protect you when you just change your mind.
Source: worked in retail for 6 years and dealt with plenty if people in this situation.

Molester Stallone II

MarkAnthony wrote: »

Why? What is your basis for making that comment?

I suspect it's your reading of the Sales of Goods Acts or something that's been based on that from the citizens advice etc. You're completely ignoring common law contract. You can't have something in a contract for sale and then ignore it, it's as simple as that. The various pieces of legislation allow a basic framework which can be fleshed out if a retailer want to. If there is a sign up drawing the customers attention to an additional benefit such as a cash refund that forms part of the contract.

You have made numerous assumptions, and the only evidence we have is that the op wanted to return the goods as it was a change of mind.
Everything else is just conjecture

MarkAnthony

Molester Stallone II wrote: »

You have made numerous assumptions, and the only evidence we have is that the op wanted to return the goods as it was a change of mind.
Everything else is just conjecture

So you're now conceding that given the right set of facts the OP would be entitled to a cash refund?

Don't use the ol' assumptions cop out - this is a forum for abstract discussion not legal advice.

Are you sure that given a fairly standard condition of sale a change of mind is not covered? What is your basis for that statement?

Molester Stallone II

MarkAnthony wrote: »

So you're now conceding that given the right set of facts the OP would be entitled to a cash refund?

Don't use the ol' assumptions cop out - this is a forum for abstract discussion not legal advice.

Are you sure that given a fairly standard condition of sale a change of mind is not covered? What is your basis for that statement?

No, I made no such concession
The OP is not entitled to a refund, if you have proof that he is, please enlighten us

MarkAnthony

Molester Stallone II wrote: »

No, I made no such concession
The OP is not entitled to a refund, if you have proof that he is, please enlighten us

In that case what difference do any assumptions make?

Okay, so as I've stated above people frequently ignore the fact that you can't just draw from one area excluding all others. Common law contract allows a bargain to be struck on the basis of 'satisfaction or your money back'. Obviously someone drafting these T&Cs would be wise to include a discretion clause but where a particular condition is included - as it is by many retailers - the buyer is entitled to rely on that.

Frankly would it not offend common sense for them not to be able to?

BornToKill

Tesco TripleChicken wrote: »

The cashier told me they only refund store credit.

I think this puts the issue beyond doubt for this case at least.

Tesco TripleChicken

Wasn't expecting this thread to get any more replies after the initial 2 or 3. So am I entitled to a cash refund or not? I have the receipt, I returned the item next day in a change of mind. It's not a huge deal but it just annoyed me the way stores can just "trap" you like that - once you spend your money there, there's no going back sort of thing.
From my reading of the Sales of goods act (only read it once, didn't understand all of it, and im no lawyer), once a consumer buys a product, a contract is agreed on between the buyer/seller. If the stores contract says they only refund store credit then I have no right to a cash refund (correct?). However if the product was faulty then I am entitled to a cash refund?
Also do they not have to clearly state this returns policy? (I was only told when I brought the item back)

MarkAnthony

Tesco TripleChicken wrote: »

Wasn't expecting this thread to get any more replies after the initial 2 or 3. So am I entitled to a cash refund or not? I have the receipt, I returned the item next day in a change of mind. It's not a huge deal but it just annoyed me the way stores can just "trap" you like that - once you spend your money there, there's no going back sort of thing.
From my reading of the Sales of goods act (only read it once, didn't understand all of it, and im no lawyer), once a consumer buys a product, a contract is agreed on between the buyer/seller. If the stores contract says they only refund store credit then I have no right to a cash refund (correct?). However if the product was faulty then I am entitled to a cash refund?
Also do they not have to clearly state this returns policy? (I was only told when I brought the item back)

Once you buy a product from a store you've no right to return it for cash, credit or anything else (e.g. an exchange)

Most stores with/without a policy will offer you conditions over and above your statutory rights. Store without a policy may do this on an ad hoc basis. Store with a policy on display are bound by this policy, but as I say the policy may have additional T&Cs attached.

If the item is faulty you are entitled to a repair or replacement in the first instance, it then becomes more complicated but generally a refund can then be sought.

If there is no returns policy clearly stated then you have no rights over and above your statutory rights, which in the main but not exclusively, are contained the the Sale of Goods Acts. Its a case of a retailer opting in to giving you more rights not them stating that they don't give you more rights.

EDIT: OP if you want more basic, but generally incomplete, answers about more specific questions try the Consumer Issues forum. You'll find more practical advice there. If it's in here people like me with bee's in bonnetts post in your thread. OR start a thread about the two year EU warranty and reciepts being the only proof of purchase and watch me explode :P