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No refunds for on sale items?

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  • 17-01-2013 12:31am
    #1
    celticcrash
    Registered Users Posts: 849 ✭✭✭


    My better half bought a coat and jacket on sale in dunnes stores yesterday.
    Came home and tried them on and she didnt like the fit to them, so we bring them back today for a refund and are told that they are no refunds on items that are on sale.
    Does our statutory rights not over rule this?


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    #2
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Your statutory rights don't entitle you to anything. You cant bring something back unless there's something wrong with It. This is a change of mind. If the store chooses to take things back they are doing so at their discretion.


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    #3
    GerardKeating
    Registered Users Posts: 7,674 ✭✭✭GerardKeating


    celticcrash wrote: »
    My better half bought a coat and jacket on sale in dunnes stores yesterday.
    Came home and tried them on and she didnt like the fit to them, so we bring them back today for a refund and are told that they are no refunds on items that are on sale.
    Does our statutory rights not over rule this?

    There is no "rights" (statutory or otherwise) for "Change of Mind". Dunnes Stores to allow this in certain cases, but are well within their rights to decide if/when they would do this.


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    #4
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Store provides changing facilities to try on stuff, was your decision for this not to take place so your reason for the return is a change of mind. They don't have to offer anything i'm afraid.


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    #5
    Chris_5339762
    Registered Users Posts: 5,905 ✭✭✭Chris_5339762


    True, they don't have to offer a thing.

    But can they refuse a refund solely because an item is on sale??


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    #6
    dan1895
    Registered Users Posts: 4,597 ✭✭✭dan1895


    Chris_5339762 wrote: »
    True, they don't have to offer a thing.

    But can they refuse a refund solely because an item is on sale??

    usually sale items will be excluded from the stores normal returns policy or the policy will state that it doesn't include sale items.


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    #7
    TheDriver
    Registered Users Posts: 12,523 ✭✭✭✭TheDriver


    makes sense, they are flogging something cheap to get rid and you bring it back few days.weeks later and they are back stuck with it again.


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    #8
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Chris_5339762 wrote: »
    True, they don't have to offer a thing.

    But can they refuse a refund solely because an item is on sale??

    Totally. They can refuse a refund simply because there is nothing wrong with the item. They typically will give you store credit (or a cash refund) on non sale items because they can just sell them again - sale items are different. They want to get rid of them. They will also have had a notice sayign "no refunds on sale items".


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    #9
    Corruptedmorals
    Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    There are now very few stores that will allow full refunds on sale items- Penneys is one. Many will not even allow exchanges on them. Sale items are dirt to a store, they really do not want to see them again. Dunnes will still allow exchanges up to the value, so it's not as if you're stuck with the items. The policy is printed on the receipt, on a sign IN the sale area, and usually on a sign behind the till, and definitely behind the customer service desk. They also have fitting rooms.


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    #10
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    there may be occassional circumstances where a person might have a case.

    if they have a policy to normally give a refund within X days, there was no signage or verbal communication to indicate a change in refund policy, and the fitting rooms were closed (as often happens during sales), the OP might have grounds to look for a refund.


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    #11
    stargazer 68
    Registered Users Posts: 5,130 ✭✭✭stargazer 68


    the groutch wrote: »
    if they have a policy to normally give a refund within X days, there was no signage or verbal communication to indicate a change in refund policy, and the fitting rooms were closed (as often happens during sales), the OP might have grounds to look for a refund.

    Doubt it in this case. Items are coat and jacket - you dont need a fitting room for those! And Dunnes dont close their fitting rooms during sales as they usually only have a couple of sale racks


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    #12
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    the groutch wrote: »
    there may be occassional circumstances where a person might have a case.

    if they have a policy to normally give a refund within X days, there was no signage or verbal communication to indicate a change in refund policy, and the fitting rooms were closed (as often happens during sales), the OP might have grounds to look for a refund.

    Fitting rooms being open or closed is irrelevant. They are under no legal obligation to do anything as there is no issue with the item. You might be able to plead your case and get them to give you credit as a gesture but that's not likely.


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    #13
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    Dovies wrote: »
    Doubt it in this case. Items are coat and jacket - you dont need a fitting room for those! And Dunnes dont close their fitting rooms during sales as they usually only have a couple of sale racks

    ok, didnt realise it was a jacket, no real excuses then


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    #14
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    Chris_5339762 wrote: »
    But can they refuse a refund solely because an item is on sale??


    If the item is faulty/unfit for use you are entitled to Repair, replacement or refund -at the discretion of the retailer.

    Do to answer your question OP -no they cant refuse a refund because the item is on sale.


    In your case its change of mind, so retailer is within their rights to do nothing. Sorry!


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    #15
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Chris_5339762 wrote: »
    True, they don't have to offer a thing.

    But can they refuse a refund solely because an item is on sale??
    Not if the item is being returned because it is faulty.
    daheff wrote: »
    If the item is faulty/unfit for use you are entitled to Repair, replacement or refund -at the discretion of the retailer.

    Do to answer your question OP -no they cant refuse a refund because the item is on sale.


    In your case its change of mind, so retailer is within their rights to do nothing. Sorry!
    This is not correct, the retailer must offer to repair replace or refund but the customer may refuse to accept any offer made and seek a different option.


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    #16
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    You could argue that the exclusions to there standard refund policy should be as clearly displayed as the refund policy itself, at least in the sale area. Did you ask if there was an option for credit or exchange for other sale items? Did you ask to speak to a manager?


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    #17
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Procrastastudy wrote: »
    You could argue that the exclusions to there standard refund policy should be as clearly displayed as the refund policy itself, at least in the sale area. Did you ask if there was an option for credit or exchange for other sale items? Did you ask to speak to a manager?

    Argue what? There's nothing wrong with the item.


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    #18
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    foggy_lad wrote: »
    ...
    This is not correct, the retailer must offer to repair replace or refund but the customer may refuse to accept any offer made and seek a different option.
    If the customer refuses, let us say, a repair and goes to court insisting on a refund, the chances are that the court will not support the customer. The exception might be where a repair is manifestly not a workable solution (e.g. an expensive vase that was delivered in two pieces).


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    #19
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    runawaybishop wrote: »
    Argue what? There's nothing wrong with the item.

    I assume you are referring to the SOGASOS Act. That act does not regulate the entire shopping transaction, for want of a better phrase. The transaction also takes place under common law contract, to which the various cases on exclusion clauses may apply. Putting the legalities of it aside, and any potential issues with advertising, the argument can be made simply on the basis of good customer service.


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    #20
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    The shops are not obliged to accept returns on any purchases for 'change of mind' reasons.

    Unfortunately a purchase being the wrong size is classed as a 'change of mind' reason.

    Now when I was working in retail it was beaten into us like a drum that we were to say some varient of 'there's no return on sale items, is that ok with you' before any sale items were put through the till.


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    #21
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    P_1 wrote: »
    The shops are not obliged to accept returns on any purchases for 'change of mind' reasons.

    They are if they say they are.


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    #22
    celticcrash
    Registered Users Posts: 849 ✭✭✭celticcrash


    Procrastastudy wrote: »
    You could argue that the exclusions to there standard refund policy should be as clearly displayed as the refund policy itself, at least in the sale area. Did you ask if there was an option for credit or exchange for other sale items? Did you ask to speak to a manager?
    No credit but can exchange within 28 days.


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