Shop refused to sell item if poscode was not supplied

[razor8]

Hi,

 

Had a search round the forums for a while now and can't see anything so I am going to start this thread.

 

Recently my girlfriend went to purchase an item of jewellery as a present for a work colleague and was asked for her postcode when she was paying for the item. When she asked why they said that she wouldn't get a receipt if she didn't. Now is this correct? or as I suspect they just want her address to sell or send junk mail to.

 

As a side note be careful if you give your number to Nationwide Auto Centre when you get your car serviced. I must have had about 50 calls from 01189719700 which is a company called Warranty Direct who Nationwide sell your details to.

 

Cheers

[Michael Browne]

I know of no legal requirement to give your postcode before receiving a receipt.

A post code generally covers several houses, so without your house number or name (unless you paid by credit card) they wouldn't easily be able to pinpoint your exact address.

 

Whenever I am asked, I usually give any postcode other than my own.

[foolishgirl]

Does it not all hinge on the Law of Contract?

 

I always understood MB that a receipt HAD to be given to fulfil the law of contract in the sale i.e the buyer makes the offer, the seller agrees to the offer by accepting the payment & giving the receipt for such, the goods in question not forming the essential of the contract.

 

Am I correct?

 

If my argument is true, it means the seller cannot accept the money, give the customer the goods & then refuse to give the receipt - with or without the postcode. He could though, refuse to sell the goods to the would be purchaser.

 

Interesting scenario - did the colleague get her jewellery?

[Michael Browne]

I always understood MB that a receipt HAD to be given to fulfil the law of contract in the sale i.e the buyer makes the offer, the seller agrees to the offer by accepting the payment & giving the receipt for such, the goods in question not forming the essential of the contract.

 

Am I correct?

TBH I have absolutely no idea.

 

I don't think the seller has to give a receipt, after all we all buy things every day and don't necessarily get a receipt. I would think that a receipt has to be gievn if requested by the purchaser, post code or no post code.

 

It seriously pi**es me off that more and more in banks building societies, garages, supermarkets and large stores that you have to answer a mindless consumer questionnaire every time you just want to buy something

[foolishgirl]

Me too!

 

The one that really gets me is 'Would you like to open a store card right now'. Do you know they get more commission for the no. of store cards they open in a day than for the amount of goods they sell? Doesn't that say a lot for the UK credit mess?!

 

BTW The answer that always seem to satisfy the postcode one though is 'I don't live in UK, maybe you'd like to post your junk to Australia'

[big blue one]

pretty sure u have to give postcode when buying a tv, but not jewellery?

[foolishgirl]

The reason you have to give a postcode when buying a TV is 'cos it's reported to the TV Licensing Authority (who can then come & nick you if you haven't a licence!). That's legal & the only occasion I can think of when it is compulsory info.

[big blue one]

thats what i thought....but jewellery that is the last time u would want to ive somone your postcode, "thankyou for buying that £10,000 watch from me sir, now may i have your postcode so i can come and nick it back later this week...." hmmm....

[buzby]

The former national electronics store 'Tandy' always did this to ensure you got their catalogue by post - as after asking for the postcode they then asked for the rest of the information. Similarly, after buying a PAYG phone from a 3 Shop, they wanted my address "to register it". I declined, saying it was as a gift and I'd let the owner do that. She was unmoved, and said that would not be possible. Stalemate. I walked into Woolworths next door, only to get it at the same price but with a free £10 top-up. So she actually did me a favour.

 

I would think the best course of action is to take your business elsewhere - even if a single staff member hasn't got the brains to interpret company policy, it's their loss. The customer is king, after all!

[Bookworm]

The simplest if there is an alternative, maybe. The best, I'd say no. As long as people just walk away muttering to themselves, or worse, meekly give in (muttering to themselves ), this kind of behaviour will remain and increase.

 

On a belligerent day (actually, on most days), I'd stand my ground and ask them to show me where it says anywhere in SOGA, their own store policy, anywhere at ALL that I have to supply my postcode in order to complete the transaction, then ask them to tell me to what purpose is my data being requested and how they intend to store it and for how long, then ask whether they are in fact registered with the Information Commissioners Office to thus process my personal data, etc, etc... If the shop assistant can not respond, then get the manager. You'd be surprised (or maybe you wouldn't) how many back down very quickly when they see that you know more about consumer law and data protection law than they do.

 

It may sound like a lot of fuss for nothing, but like MB, I find this encroachment irritating in the extreme.

Edited July 14, 2008 by Bookworm
typo country.

[gyzmo]

Just give them a postcode - but not yours! If they insist on this then I would simple do as Buzby and walk out.

 

As for the receipt, the only obligation to provide one is when demanded for VAT purposes (or I suppose Pawns etc but that's slightly different). There is otherwise no legal requirement to provide one

[Lula]

nahhh i like Bookies method, being a GOW too

[ncf355]

Similar experience in PC World

 

Are you buying for business sir?

 

Yes

 

Can I have your address then?

 

No

 

Well, if you cant give me that I can give you a VAT receipt

 

Really? if I call HMCE and tell them you are refusing to issue a VAT receipt for a VAT transaction you will be in deep trouble, so I suggest you supply it

 

(interesting note is that ALL their receipts are VAT receipts anyway, so the whole hassle can be avoided)

 

 

I too find all this unacceptable

 

Worst so far is a car hire company refusing to hire me a car unless I supplied my employer details! (told them to stick it and went elsewhere)

[razor8]

thats what i thought....but jewellery that is the last time u would want to ive somone your postcode, "thankyou for buying that £10,000 watch from me sir, now may i have your postcode so i can come and nick it back later this week...." hmmm....

 

 

Ha ha Have to say that hadn't occurred to me, but know you have said it. It really is the last place you would want to give your address out.

 

Foolish Girl - She did end up buying the jewellery as it was for a leaving present and needed the reciept incase she didn't like it. The shop ended up getting her work's postcode so I imagine they will now be getting some junk mail.

 

I think like the majority it really annoys me that everywhere you go shops are always wanting your address and personal details. I just flat refuse now or make stuff up, really depends on whether I can be bothered arguing the point that day.

 

Interesting that shops must give a VAT reciept though, as ncf355 says I wonder how they would react if I said I was going to phone Customs and Excise up.

 

Thanks for all your replies.

[2Grumpy]

I think that I will carry around a DPA notice not to process personal data for direct marketting with me just in case I need it...

 

I could add a tear-off slip to be signed by the intransigent shop assistant acknowledging receipt. Perhaps with a space for their post code:D

[gyzmo]

I would just say I need a receipt for VAT purposes. If they refuse.....

[Meldrew2]

Some shops that are part of a national chain take a postcode (but no further address details) in order that they can determine the general area where their customers (or just their high value customers) live.

 

They do this simply to get an idea where best to advertise / open stores etc. A postcode is shared between several residential properties so it cannot identify your particular home.

 

I would not be happy giving my address to a retailer without good reason. And if asked for a phone number, I usually refuse.

 

On the other hand, I am in the tourism business. If a client wishing to book accommodation with me will not supply a full address then I will not take the booking.

 

I also will not take cash payment - only Debit Card or Credit Card - in order that I can confirm the address matches the card details (using the same anti-fraud protection as mail order suppliers use)

 

Otherwise, people could give a false name or address, wreck my caravans and apartments and than disappear without trace.

[gwc1000]

Actually for a VAT invoice, they are required by law to have your details:

 

What details must you include on a VAT invoice?

 

 

 

You must show:

• a unique and sequential identifying number
  
• time of supply
  
• date of issue (if different from time of supply)
  
• name and address of your business
  
• customer's name and address
  
• your VAT registration number
  
• a description sufficient to identify the supply
  
• the quantity of the goods or services, with a unit price - excluding VAT
  
• the rate of VAT per item
  
• the amount of VAT
  
• the rate of any cash discount
  

[BankFodder]

There is no legal requirement to give a receipt if the customer doesn't want one. No legal equirement to require a postcode save maybe in the TV case mentioned above - and maybe cars too, I don't know.

 

On the other hand they don't have to sell you the item if they don't want to and if supplying your postcode is part of the deal then they would be within their rights to refuse you.

 

If the contract has been made and then they try to insist on a postcode, they would be in breach of contract.

 

If they wanted more details than the postcode such as house number etc then this may be excessive processing of personal data under the DPA and you could have a grounds for complaint.

 

If getting your details for marketing is oart of the deal, I would tend to go along with it but then write a letter of complaint under the CPUT regs and also to the IC under the DPA - just out of a mischievous curiosity to see what gives and also to give the shop a little aggravation.

[Dead By Dawn]

what about when issuing a refund for a returned item?

 

I've often been asked for a postcode for that, and obviously coz you want the refund it's probably best not to kick up a stink - i always give something quite ludicrous from 100s of miles away, but are you really obliged to provide a postcode in this instance?

[Meldrew2]

If the shop is refunding a returned item when they are not obliged to do so by legislation - ie wrong size, wrong colour, changed mind etc, as many shops do as a goodwill gesture - ie the item is not faulty - the shop can make as many conditions as they wish. After all, they are doing you a favour and they don't have to.

 

More importantly, there is a security aspect - taking a postcode (or even more data) can help discourage shoplifting when the item is subsequently returned for refund.

 

After all - why do you want to hide your identity?

 

I know that phone sales calls can be a nuisance - just tell them you aren't on the phone - but if you do get junk mail you can throw it straight into the bin, can't you?

[Harpdak66]

gwc1000, what about a supermarket shopping receipt?, that's a VAT receipt too, and Tesco's et al don't ask for your postcode.

[ncf355]

M2, I agree to a degree with your sentiments, but I dont see why we should ever have to put up with unwanted junk mail

 

Give postcode for security fine, but their should be the option to say "do not use for marketing"

 

Junk mail is a scandalous waste that should be banned

 

Cant remember the figures but the conversion ratio is appaling and all that "just throw it away" paper and other crap just goes to land fill

[dave]

The former national electronics store 'Tandy' always did this to ensure you got their catalogue by post - as after asking for the postcode they then asked for the rest of the information. Similarly, after buying a PAYG phone from a 3 Shop, they wanted my address "to register it". I declined, saying it was as a gift and I'd let the owner do that. She was unmoved, and said that would not be possible. Stalemate. I walked into Woolworths next door, only to get it at the same price but with a free £10 top-up. So she actually did me a favour.

 

I would think the best course of action is to take your business elsewhere - even if a single staff member hasn't got the brains to interpret company policy, it's their loss. The customer is king, after all!

 

I had exactly the same in Currys - asked why, she told me it was to 'register it' (funny how it took bloody ages to register after I'd bought it then).

 

..but I just gave my nan's old postcode and made a number up for the house.

 

Phone works (just about) now though.

 

I don't even like the government knowing where I live let alone private businesses.

[dave]

After all - why do you want to hide your identity?

 

I'd like to answer that if I may.

 

Government agencies (as they are now called, presumably because of the outsourcing to private firms) 'lose' this data on a regular basis. Private firms probably lose it a lot more frequently as it may well pay them to do so - it just won't be as widely reported.

 

No-one (apart from my local council) know where I live now - my life got a hell of a lot easier when that became fact. I don't get junk-mail, I don't get junk calls.

 

I don't get demands for repayment of over-tax payments for a tax rebate that I never claimed any more (yes, that has happened on more than one occasion - you try telling HMRC that you have never claimed tax credits and see how they respond).

 

No, life becomes so much easier when 'they' do not know where you live. Best to keep it that way I think personally.

 

After all, despite having no need to hide my identity, they also have no need to know it.

 

As for replacing goods if they are damaged etc... the retailer that the product was purchased has a duty in law to prove the item was not damaged at point of sale if it was within the first six months of purchase. No receipt is required by law.