Question about returns..

JackKelly

This being the time of year for many many returns, I would love to know the real-deal behind your rights when bringing back an item.

After recieving a Christmas present twice, my dad wanted to return one of these upon which the guy in the shop said (very rudely) that you were not entitled to a cash refund, only a credit refund.

So my dad was pretty pissed off about how he was treated by the sales guy, along with the fact he wasn't allowed a cash refund. So before going back in again, I wanted to check what are your actual rights.

After scimming through the comsumer act, I see it says that as the buyer, you are not entitled to a cash refund if you "change your mind".

So the first question is, what falls under the terms of "changing your mind". Secondly, is there not a "cooling off period" that applies to the sale?

From http://www.irishstatutebook.ie:


50.—(1) Subject to subsections (2) and (4), a consumer may withdraw from an agreement within 10 days of receiving it or a copy thereof ("the cooling-off period") by giving written notice to this effect to the creditor or the owner, as the case may be.
(2) A consumer may forego his right to a cooling-off period in any credit agreement by signing a statement to this effect separately from any other term of the agreement.
(3) A statement by which a consumer forgoes the right to a cooling-off period shall carry in a prominent position:

"WARNING THIS WAIVER MEANS YOU ARE GIVING UP YOUR RIGHT TO A 10 DAY PERIOD TO RECONSIDER YOUR COMMITMENT TO THE AGREEMENT.".

(4) This section does not apply to a housing loan or credit availed of by means of a credit card or an overdraft facility offered by a credit institution.


Is this taken out of context or does this apply to all sales?

Fnz

Heya,

I'm not a consumer rights guru by any stretch of the imagination... but here's how I think it works in your situation:

If returning goods because you "changed your mind" - it implies that the good are in no way faulty. You are returning the goods simply because you 'don't want them'.

I'm pretty certain that, in this case, it's at the store's discretion whether they give you anything, even credit.

Once there's nothing wrong with the goods, the store has lived up to its side of the contract. Unless the store has a particular returns policy granting you more rights (such as argos' 16 day money back guarantee), anything they're willing to offer you in exchange for non-faulty goods is a bonus.

Sorry, I don't know a whole lot about cooling off periods... didn't think they applied to most everyday purchases.

Good luck.

parsi

In a roundabout way this link answers your question http://www.consumerconnect.ie/eng/Get_Your_Rights/Buying_Online/Cancelling_An_Order/

"coling off" is only for online sales not over the counter sales. YOu can't normally get a refund if you're returning goods for no reason other than you don't like them. It's up to the retailer. That's why (historically) after weddings more goods were returned to Roches Stores than anywhere else - they'd give you a refund even if you didn't have a receipt as long as they stocked the item. I think they tightened this up a bit in recent years and of course now they no longer exist.

the_syco

Google the "14 days" thing. Something to do with your satortory rights, or something. Depends on the goods, tho, and if it was open/used or not.

Guy:Incognito

The bottom line, in as simple terms as possible is, if you buy something and just decide to take it back (dont like/want it, already have one etc) you have no right to anything. It's entirely up to the shop whether they want to take it back or not. Most will let you exchange it as a good will jesture.

mcaul

Very few stores will give a refund just because you don't like the item or if you got 2 of them. Many stores will allow you choose another item for the same value. - But it is at their absiolute discretion. RECEIPT / Proof of Purchase is an absolute necessity!


In addition if you go into a store telling them you know your rights, don't expect anything other than the absolutely basic legal requirements. - 99% of retailers will know exactly what is required by law and most will offer a better deal than the basic requirements.

Unfortunately too many "customers" come ranting and raving into stores believing that they know everything and the retailer knows nothing - They even say they've already been on to consumer rights and then give yoiu a load of made up codswallop!! Retailers do not want this person as a customer and as such will not offer exchange on non-faulty items.

So take it easy when returning the items - you may get a refund, more than likely you will be offered exchange and sometimes you'll be told "no" especially if its a seasonal item. - All this at the total discretion of the store.

Also if the store offers a refund on a product that has subsequently been reduced, the refund will be for the reduced price and not the original price.

Random

mcaul wrote:

Very few stores will give a refund just because you don't like the item or if you got 2 of them. Many stores will allow you choose another item for the same value. - But it is at their absiolute discretion. RECEIPT / Proof of Purchase is an absolute necessity!


In addition if you go into a store telling them you know your rights, don't expect anything other than the absolutely basic legal requirements. - 99% of retailers will know exactly what is required by law and most will offer a better deal than the basic requirements.

Unfortunately too many "customers" come ranting and raving into stores believing that they know everything and the retailer knows nothing - They even say they've already been on to consumer rights and then give yoiu a load of made up codswallop!! Retailers do not want this person as a customer and as such will not offer exchange on non-faulty items.

So take it easy when returning the items - you may get a refund, more than likely you will be offered exchange and sometimes you'll be told "no" especially if its a seasonal item. - All this at the total discretion of the store.

Also if the store offers a refund on a product that has subsequently been reduced, the refund will be for the reduced price and not the original price.

So true, from working in retail "know it all" customers very rarely get what they want. The bare minimum is what they'll end up with. All they have to do is go in and explain their issues and in most cases they'll find that the staff will be more than happy to help out.

And these people who think asking to speak to the manager right away is the right approach .. how wrong you are!

Pythia

I used to love dealing with customers who came in demanding a full refund for non faulty goods. Always nice to take obnoxious people down a peg or two.

Random

Pythia wrote:

I used to love dealing with customers who came in demanding a full refund for non faulty goods. Always nice to take obnoxious people down a peg or two.

I'LL BE ONTO CONSUMER AFFAIRS AND I'LL BE BACK TO GET MY REFUND TOMORROW!

Ha.. ha ha haha! HA HA HA HA ! Ok ... see ya later, NEXT PLEASE!

Sangre

Aye, 'cooling off' periods only apply to online or telephone sales or door-to-door salesmen. Thank you EU.

miju

Pythia wrote:

I used to love dealing with customers who came in demanding a full refund for non faulty goods. Always nice to take obnoxious people down a peg or two.

ciaranfo wrote:

I'LL BE ONTO CONSUMER AFFAIRS AND I'LL BE BACK TO GET MY REFUND TOMORROW!

Ha.. ha ha haha! HA HA HA HA ! Ok ... see ya later, NEXT PLEASE!

I get the exact same amusement EVERY day where i work and never tire of it

ciaranfo wrote:

So true, from working in retail "know it all" customers very rarely get what they want. The bare minimum is what they'll end up with. All they have to do is go in and explain their issues and in most cases they'll find that the staff will be more than happy to help out.

And these people who think asking to speak to the manager right away is the right approach .. how wrong you are!

10 times out of 10 these type of people then have to "fight" or wait ALOT longer for their basic legal requirement because no-one wants to deal with them and keeps putting them on the long finger

better still than the "i demand to speak to your manager" customers are the ones who say "i DEMAND to speak to your managing director of the company".........."yeah OK hang on i'll just go interupt him from running a 100 million euro company just for you :rolleyes: :rolleyes: "

Gillo

Let's play a game here spot the posters who work (Or have worked) in retail.

I decieded to take this week off as holidays, granted I'll lose a fair bit of commission but hey it's worth missing the hassle.

Random

gillo wrote:

Let's play a game here spot the posters who work (Or have worked) in retail.

I decieded to take this week off as holidays, granted I'll lose a fair bit of commission but hey it's worth missing the hassle.

They'll generally be the ones with a bit of respect for people who work in shops - granted, there's exceptions! Some will have worked for certain shops and agree with you 100%, and others will have been in shops run by muppets.

ScouseMouse

I always try to look after my customers and if I know for certain the item came from my store AND WAS PAID FOR, I will always refund, even without a receipt. However, noone is due an automatic refund because they changed their mind. If an ejit comes in who starts crapping on about the customer is always right and you have to give me a refund, then they only get my back up. I then enjoy telling them the name they want is Carmel Foley and I think the address for her office is Consumer Affairs on Mount Street.