Tesco Stores - Boxing Day

[smorrissey]

Hi All,

 

I have had a great load of trouble today. I had to take a faulty item back to Tesco in Blackpool area. I purchased a Freeview Recorder for a christmas presant but this was faulty - I know they were open today so I decided to make the 45 Minute drive down.

 

When I arrived I was told that they cannot exchange or refund any items today as they "were too busy". They even had a sign up to say this.

 

I argued and when I said I was going to call my solicitor as under the sale of goods act I am entitled to a refund I was swiftly ejected from the store by security.

 

What is the stance on this....

[smorrissey]

They emailed me this.....

 

 

Dear Mr Morrisey,

Thank you for your telephone call.

I am sorry you are unhappy with an item purchased as a Christmas present. As you are aware the poster which has been displayed in store prior to Christmas explains our refund policy on Christmas items and that we will only be accepting food items for refund or exchange on Boxing Day. The wording is as follows :-

CHRISTMAS & BOXING DAY REFUNDS

To give you peace of mind when buying your Christmas Gifts, we have extended our normal refund policy.

Any Christmas gifts you buy from the 1st November 2008 until 24th December 2008 can be returned up until 31st January 2009. (Excluding Boxing Day).

To ensure we can provide you with the best possible service on this day, we will be able to accept food refunds and exchanges only. Christmas gifts can be returned from 27th December.

Our normal 28 day refund policy will come back into effect after 24th December 2008

Your statutory rights are not affected.

I confirm, as you requested, that you stated that you were returning the item under the Sale of Goods Act as you claimed it was unfit for the purpose, however this does not alter the fact that we cannot deal with it today.

I am sorry for the disappointment caused however the store will be in a position to deal with your complaint tomorrow.

Regards,

Alan Mills, Team Leader

Tosco Customer Contact Centre

Dundee

[smorrissey]

Is this true???

 

So will they have to pay my wasted expences today and now tommorow?

[hightail]

Ooooh - I had this argument today in River island. They closed the fitting rooms so I said we'd take a pair of jeans we'd bought to the loos in the shopping centre and be straight back if they didn't fit only to be told they were 'not accepting returns for the first 3 days of the sale'. Guess what - they accepted it when I pointed out that they were not fit for purpose and they had denied us the chance to check before buying.

[smorrissey]

Is this all legal then - I thought they had to refund or exchange under sale of goods act?

[flyingdoc]

I would email them back asking them to clarify the parts of the SoGA which gives them the right to determine when they are allowed to refuse you your statutory rights which they did by refusing to refund you on a clearly faulty item.

 

I would tell them simply because they put a poster up in their store saying that they will not be issuing refunds at any given time does not necessarily give them the right to refuse you your statutory rights and you will be discussing this with your local trading standards office.

 

I would also point out that their statement "your statutory rights are not affected" is clearly untrue as they have denied you your statutory rights already.

[smorrissey]

I phoned their head office and they said in written email that they are unable to do it even though i requested it under SoGA

[flyingdoc]

I would say that they have clearly denied you your rights under SOGA

[hightail]

I would say that they have clearly denied you your rights under SOGA

 

Absoloutely. I didn't really know if I was in the right today but I couldn't see that a shop has any right to restrict the times they will comply with SOGA. What next - notices in shops claiming they will only abide by the law on Wednesdays between 2 and 3pm?

[smorrissey]

Hows this sound ....

 

 

The Manager/Head Office

Tesco Store (Extra)

Clifton Retail Park

Blackpool

FY4 4UJ

 

F.A.O Manager/Head Office

CC: Trading Standards

 

I purchased a Freeview Digital Recorder (DTR) from Tesco Stores in Blackpool, Clifton Retail Park on 20th December 2008. This was purchased for a friend as a Christmas present.

 

As you should be aware the following acts apply.

 

Sale of Goods Act 1979

Supply of Goods and Services Act 1982

Sale and Supply of Goods Act 1994

The Sale and Supply of Goods to Consumers Regulations 2002

 

This means that I (as a consumer) am entitled to a Full Refund on request if the items are faulty.

 

The above acts mean:

a) Goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

b) Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

c) Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

d) If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time".

This item was opened and tested on Christmas day and I was horrified to find out the item was faulty. The only response from the device was the LED display saying “FAIL”. There was no help or advice in the manuals. I then returned the item to the store it was purchased from – Tesco, Blackpool.

 

When arriving at the store I went straight to the electrical department with a new item from the shelf. I tried to explain to the advisor at the desk but was interrupted with “If you want an exchange or refund you have to come back tomorrow.” I asked why and was told “We are too busy to deal with it today.” I was shocked to immediately took both items to the customer service desk where there was already a loud argument about returns from another customer.

 

I was then advised by a lady acting as the manager that they could not do refunds today as this is company policy. I advised them that if they did not exchange the item then I would leave the store with the new one and leave the faulty one there (for when they have time to deal with me). The Manager, called security over and asked them to take the new one off me. I was then pushed in full view of other customers by your security guard I was refused his name by the “Security Manager” and was told I have no choice but to come back to the store tomorrow.

 

I then though it would be easier to purchase a new item and then contact my bank for a refund as Tesco have denied by rights under the sale of goods act. This was again refused by your security and I then contacted my solicitor from the store.

 

I was then advised to write a quick letter addressed to the manager stating that I am “Rejecting” the goods under the “Sale of Goods Act” as they were faulty and therefore unfit for the intended use. I did this in store and then handed the letter (Copies Made at the Time) to Manager. She advised me she cannot put anything in writing and she could not sign to say she had received this letter.

 

I was then asked to leave the store by security. During the visit I had made three telephone calls to Blackpool Police Station, Customer Services and your head office (Which were closed).

 

I am shocked at the way I have been spoken to and I do not appreciate being pushed by any member of staff you employ. As far as I am concerned this is assault.

 

I have now received an email from your customer service department stating:

Dear Mr Morrisey,

Thank you for your telephone call.

I am sorry you are unhappy with an item purchased as a Christmas present. As you are aware the poster which has been displayed in store prior to Christmas explains our refund policy on Christmas items and that we will only be accepting food items for refund or exchange on Boxing Day. The wording is as follows :-

CHRISTMAS & BOXING DAY REFUNDS

To give you peace of mind when buying your Christmas Gifts, we have extended our normal refund policy.

Any Christmas gifts you buy from the 1st November 2008 until 24th December 2008 can be returned up until 31st January 2009. (Excluding Boxing Day).

To ensure we can provide you with the best possible service on this day, we will be able to accept food refunds and exchanges only. Christmas gifts can be returned from 27th December.

Our normal 28 day refund policy will come back into effect after 24th December 2008

Your statutory rights are not affected.

I confirm, as you requested, that you stated that you were returning the item under the Sale of Goods Act as you claimed it was unfit for the purpose, however this does not alter the fact that we cannot deal with it today.

I am sorry for the disappointment caused however the store will be in a position to deal with your complaint tomorrow.

Regards,

Alan Mills, Team Leader

Tosco Customer Contact Centre

 

This clearly goes against the law and my statutory rights as a consumer. I rejected the goods under the Sale of Goods Act and I should have been provided with an exchange on the day I returned the item. The receipt I was given at the time of purchase does clearly state your refund policy and does not mention anything about changes on the 26th December 2008. I would also like to point out that your sign - facing completely in the wrong direction from your checkout area states “Your Statutory Rights are Not Affected”. Although in practice it seems they are.

 

If you believe you have the right to determine what day the law applies to you then you could go all year without issuing a refund. You have no right to determine which days the law applies to you. You cannot under any circumstances deny my statutory rights and it seems you have done this to 100’s of customers in one day.

 

I will expect reimbursement for petrol of 25 Miles at £0.50 pence per mile totalling £12.50. I will also expect you to deal with the security staff through your own internal procedures.

 

I expect to receive a cheque for £12.50 to cover fuel expenses in these wasted trips and I expect this to arrive no later than 5 working days from 27th December 2008. If it is not received I will add all associated costs to this sum including but not limited to costs for calls to your head office/ customer service department, solicitor and other legal related fees to witch this letter is based and damages.

 

I will await your response in writing to the matters I have addressed above and hope that this will be the end of the issues I have addressed. After the contents of this letter have been discussed I will then take the appropriate action which may mean submitting its contents including any previous communication from your head office to Trading Standards for them to take the appropriate action.

 

This letter is written entirely without prejudice to and under reservation of Mr ******* whole rights and pleas and neither the letter (nor any copy of it) nor its content may be produced, exhibited, referred to or founded upon in any Court action or in any other proceedings except (a) with their express written consent or (b) at Mr ******** instance.

Kind Regards

 

 

 

 

 

 

 

Edited

 

 

 

 

 

 

 

 

 

 

THIS LETTER CONSSISTS OF THREE (3) PAGES AND HAS BEEN HAND DELIVERED ON 27th DECEMBER 2008.

Edited December 27, 2008 by MARTIN3030
Personal identifiers.

[gyzmo]

This has always played on my mind every year (not so much - just more of a "I wonder if..." thing).

 

Sale of Goods Act does not say WHEN you should get a refund / replacement etc - it only states that you are entitled to it.

 

So what of this situation? There are two main schools of thought on this:

 

The first is that no matter what, the law is the law and you should get you refund there and then.

 

The second is more pragmatic and realises the fact that, at this time of year, shops are extremely busy and are too busy to provide a staff member to deal with you refund.

 

But I cannot help think, well, err, no. It's not you problem that they are so busy. Imagine if all the shops done that at any time of the year! So if they put "special offers" on and everyone rushes in to take at advantage of it and overwhelms the staff.

 

Sorry, but the law does not say "a refund must be provided so long as the seller is not to busy to do so". You can insist on a refund there and then regardless of what any signs say.

 

A lot of people will arue against me on the pragmatic point of view. The law however does not consider this.

 

Their signs are ineffective insofar as they purport to interfere with your statutory rights. If it is to do solely with their own "peace of mind" policy then that is different, but not with your statutory righs.

[robin9342]

To hell with pragmatism. I will go to my local store, pick up a nice new TV and say "sorry, its not my policy to pay for this item today - I will come back tomorrow and pay for it - I'm too busy to get my wallet out!"

Funnily enough, that would be theft. And I can't change the law to suit myself any more than Tesco can.

One for Watchdog/Trading Standards/the press methinks.

[smorrissey]

haha - thats great lol

 

I do think its one for trading standards especially now I have an email stating that even if you claim a refund under the sale of goods act - it does not alter the fact you cannot have a refund today!!

 

lol how does this work?

 

They made a spelling mistake too - the email has come from Tosco - HAHA

Edited December 27, 2008 by MARTIN3030
Inapp.

[raydetinu]

How long does it take to give you a refund or exchange an item? no longer than the original purchse surely, the just have to scan it.

However thats their policy and its just not worth the stress to get to worked up about these things and you will get your money back in a few days. More serious things to worry about really. Although it is really anoying I agree.

[flyingdoc]

while it seems nothing more than an inconvenience ray, It is a POLICY from a store - denying your STATUTORY RIGHTS. This must be stopped before it establishes a foothold.

 

Else before you know where you are store policies will be applied in preference to all you statutory rights and you will have a much harder fight to get anything other than what they decide to give you.

 

Just because they are a big company does not mean that they should be able to trample on peoples rights.

 

They should be brought to task for EACH AND EVERY transgression to ensure they dont feel that they can get away with them

[electron99]

while it seems nothing more than an inconvenience ray, It is a POLICY from a store - denying your STATUTORY RIGHTS. This must be stopped before it establishes a foothold.

 

 

No it doesn't. You are still able to exercise your statutory rights, but at a time when the store can deal with it quickly and efficiently; or would you prefer to wait in a long Boxing Day queue for a hour or so to be dealt with.

 

What if you decide you want to exercise your stautory rights at midnight on a Sunday.Are you going to go moaning to Trading Standards because the store won't open then, and is denying you your so called statutory rights.

 

It is all about being reasonable. A judge will look at what has happened and say that the the store has offered to deal with you within 48 hours of you deciding to enforce your statutory rights , and that is perfectly reasonable.

 

I am sure that Trading Standards, when you contact them, will say the same.

[flyingdoc]

with the greatest of respect exercising your statutory rights when the store is closed is much different than them denying you your rights when the store is open.

 

As has been previously mentioned. a refund would have taken little more time than taking the money in the first place.

 

its not about being reasonable at all, there was no reasonable excuse for them denying him his rights, he had to travel for anothe hour and a half to get back to the store - Ill bet that took longer than it would have taken to refund him his money.

 

I do not agree with your assessment of what you think is reasonable.

[hightail]

at a time when the store can deal with it quickly and efficiently

 

It is inconvenient for a store to refund at any time. So they're busy on Boxing Day but it's they who chose to open and trade. They could equally claim they can't deal with refunds at quiet times because they don't have so many staff on duty, or on weekends because they're not proper working days.

[Ihatedca's]

Our rights are the only things we have as consumers so we shouls fight tooth and nail to keep them

 

Just my view

 

anyone tries to breach my rights and i will stomp on them end of story no matter how small.

 

Next tesco will be bringing out a no water Week. On no water Week the whole world is not allowed water. lol All i am trying to say is that no matter how small the right it is still a right at the end of the day and should always be enforced.

[labrat]

to be honest feel free to hammer tesco local tourist attraction (tales of robin hood) rents off tesco and theyve increased the rent so may have to close

[electron99]

As has been previously mentioned. a refund would have taken little more time than taking the money in the first place.

 

Not on boxing day it wouldn't, which is why Tesco put the notices up .

 

....he had to travel for anothe hour and a half to get back to the store - Ill bet that took longer than it would have taken to refund him his money.

Travelling an hour and half is not the problem of Tesco - the O.P should have telephoned first before travelling such a long distance.

 

I do not agree with your assessment of what you think is reasonable.

Let us assume you are right and I am wrong.What do you suggest the O.P does since you are convinced Tesco has broken the law?

[revolting peasant]

Tesco only opened the "Extra" stores on Boxing Day, the smaller stores were closed until Saturday.

 

IMO, they have not denied you any of your statutory rights, they have simply told you that they cannot deal with it at the time you requested. They didn't have to open in the first place and if they hadn't you would have had to wait anyway.

 

Personally, I would climb off my high horse. You have no alternative but to take the item back to Tesco and you will get your replacement/refund. Sending letters that they won't understand or even bother to read is pointless.

 

As a side issue, it's not Tesco's fault that the thing doesn't work. I know they sold it but they didn't manufacture it.

[revolting peasant]

Travelling an hour and half is not the problem of Tesco - the O.P should have telephoned first before travelling such a long distance. It could also have gone back to any of the Extra stores that were open. I have 21 stores within 30 minutes drive of my house. Hour and a half to get to Tesco is just silly

 

Let us assume you are right and I am wrong.What do you suggest the O.P does since you are convinced Tesco has broken the law?

 

They haven't. They didn't refuse a refund, they offered one at a different time. Not illegal at all as long as it was within a reasonable time. If the had said "come back at Easter" that would have been different.

[Conniff]

I can't see they have refused a refund either. As the item was taken back as 'not working', they could have exercised their right to test it and told the customer to come back tomorrow after they had tested it and if found working would not have had to refund anyway.

 

I see nothing in soga that says you have to have an 'instant' refund.

[djgordyp]

Just my 2p worth here. Tesco had a sign saying they could not issue refunds on Boxing day because they would be too busy. Firstly, knoeing they were going to be busy they could have asked staff from other nearby stores if they could come in and help. I'll bet it wasted more time and energy argueing with and having the OP removed from the store than it would have to sort out a refund.

I don't know if Tesco insist on checking an item is faulty before issueing a refund or not. If not then it's simply a matter of scanning the barcode and handing over the cash, simple as that. I have brought things back to Currys at busy times without any problems

'It could also have gone back to any of the Extra stores that were open. I have 21 stores within 30 minutes drive of my house. Hour and a half to get to Tesco is just silly' I for one wasn't aware you could do this. I thought you had to return an item to the store it was bought from . If you bought an item in store a and returned it to store b, then 'b' would have no record of the sale.

Given that the OP travelled a long way then I don't think it would have been unreasonable to expect Tesco to make an exception.

 

Where will it all end. Will we only be allowed to return items on certain times on certain days?

Then there is the wording of the poster. If it had said " We would kindly ask that customers do not return items on Boxing day" is a lot better and less unlawful than "We will not accept returns on Boxing day"

I know which one I would react more favourably to.