Puzzled... was this legal or not?

cch

Opinions please!

I decided to buy myself an early Christmas present last week, researched the gadget on the web and went into shop to buy it. It cost 179 euro, fair enough. Just as I was paying I noticed a bigger, better model I wasn't aware existed for 224 euro, but stuck with my original choice only to regret that decision two seconds after walking out of the shop. Not wanting to look like an idiot I decided I'd come back another day to exchange it. Now I could only get back there after Christmas and there's a sale on, naturally enough. Explained situation to sales guy, he said ok, started to ring it up and looked for the difference of 45 euro (224-179). I pointed out that the bigger better model now cost 189 euro and asked should the difference not be based on that price. He disappears into office for at least ten minutes before a manager comes out and says that he'll only be able to sell the model I'm returning for 149 euro now and asks for 40 euro as the difference in the prices (189-149), saying that I'm still paying less than I would have if they were at full price. Being distracted by 40 euro being less than 45 euro, I paid and left.

Feeling a bit annoyed and baffled now, but I still paid less than if I had of got the better model in the first place. And I'm happy with the item I got.

But was he right in what he did? What if I wanted to return the item and get my money back? Was he justified in just giving back the sale price, not the price I originally paid?

Sangre

Since you've no right to bring it back because you've changed your mind I think they can refund at any price they choose (if you accept it).

Mr. Presentable

He's required to refund the receipt value, i.e. what you paid for it. However, he is not obliged to take it back unless there is something wrong with it. He did you a favour whatever way you look at it, albeit he did it in a begrudging and clumsy way.

Hagar

IMHO you were treated fairly by the shop. There was nothing wrong with the original item so there was no obligation on them to exchange or refund at any price.

mcaul

nipplenuts wrote:

He's required to refund the receipt value, i.e. what you paid for it. However, he is not obliged to take it back unless there is something wrong with it. He did you a favour whatever way you look at it, albeit he did it in a begrudging and clumsy way.

Incorrect - if a store offers a refund the store would normally offer it at the price the goods are currently on sale. - Standard practice of most stores including BT, House of Fraser, most fashion multiples and generally accepted rule in all US department stores. - This applies to non faulty goods. If an item has a manufacturing fault and cannot be repaired or replaced then a refund of the original price applies.

The payment of the difference between the two models is a very reasonable offer by the store as they could very easily have refused to accept the product back in the first case.

cch

Thanks for the prompt replies guys. Yeah that probably was the best possible outcome given the circumstances. It was the "well I can only sell it for 149 now" comment that made me think...

Guess that'll teach me to wait for the sales next time

Wishbone Ash

mcaul wrote:

Incorrect - if a store offers a refund the store would normally offer it at the price the goods are currently on sale

If an item which was normally €100, but was purchased in a sale at say €80, would they refund €100 if it was returned after the sale?

fluppet

You're normally not allowed to return/exchange sale items once the sale is over

thefinalstage

fluppet wrote:

You're normally not allowed to return/exchange sale items once the sale is over

Sale items are just like any others. The same right apply.

Pythia

thelastangryman wrote:

Sale items are just like any others. The same right apply.

It basically depends on whether the goods are faulty or not.

cast_iron

Wishbone Ash wrote:

If an item which was normally €100, but was purchased in a sale at say €80, would they refund €100 if it was returned after the sale?

I see your point - it works the other way around, so why not this way. Though when the store is obliging, they call the shots. Obviously they will want to give as little back as possible - ie.the receipt price.

I'm not sure a "refund" is the right word - perhaps "credit note".

Geek Nose

cch wrote:

Opinions please!

I decided to buy myself an early Christmas present last week, researched the gadget on the web and went into shop to buy it. It cost 179 euro, fair enough. Just as I was paying I noticed a bigger, better model I wasn't aware existed for 224 euro, but stuck with my original choice only to regret that decision two seconds after walking out of the shop. Not wanting to look like an idiot I decided I'd come back another day to exchange it. Now I could only get back there after Christmas and there's a sale on, naturally enough. Explained situation to sales guy, he said ok, started to ring it up and looked for the difference of 45 euro (224-179). I pointed out that the bigger better model now cost 189 euro and asked should the difference not be based on that price. He disappears into office for at least ten minutes before a manager comes out and says that he'll only be able to sell the model I'm returning for 149 euro now and asks for 40 euro as the difference in the prices (189-149), saying that I'm still paying less than I would have if they were at full price. Being distracted by 40 euro being less than 45 euro, I paid and left.

Feeling a bit annoyed and baffled now, but I still paid less than if I had of got the better model in the first place. And I'm happy with the item I got.

But was he right in what he did? What if I wanted to return the item and get my money back? Was he justified in just giving back the sale price, not the price I originally paid?

They treated you more than fairly.