i bought a dvd from hmv and needed to change it they would not give me my money back only an exchange - legal?

Question

Is this legal? - I hadn't opened it and it was only two hours previously purchased.

Answer 1

Yes it is legal. They used to give money back too but I think since iTunes came along they had to stop that.

Answer 2

Yes it is. Under consumer rights laws, if you purchase something, you cannot change your mind simply for aesthetic reasons (because you dont like it) and return it, unless the retailler specifies you can do so. They only way you can get around this is to claim the goods are faulty or you were mis-informed about what you got at the time of a sale. The retailler then has to offer you an exchange or refund, but tread carefully! To be honest, for something as small as a DVD, you'd think a supergiant like HMV would just give you your money back. I would.

Answer 3

Sorry your stuck see below the starred off parts..The Sale of Goods Act 1979 (as amended)

This Act states that the person transferring or selling the goods must have the right to do so and the goods must:

Correspond with the description - Many transactions involve a description of some kind. When goods are supplied and the customer relies on such a description, the goods must be 'as described'. If the description is false, then a criminal offence may have been committed.

Be of satisfactory quality - Goods must be of a standard that a reasonable person would regard as satisfactory (having regard to any description applied to them, the price and all other relevant circumstances). Aspects of quality that may be relevant depending on the circumstances could include:

fitness for all purposes for which the goods of the kind in question are commonly supplied
appearance and finish
freedom from minor defects
safety and
durability
although other characteristics may also be relevant . Any public statements on the specific characteristics of the goods, particularly in advertising, will be relevant.

Be fit for the purpose - When a customer indicates (expressly) or when it is obvious (implied) that the goods are wanted for a particular purpose, if a trader supplies goods to meet the requirement then the goods should be fit for that specified purpose, even if it is a purpose for which such goods are not usually supplied. If as a trader you have doubts that such goods will be fit for such a purpose, the customer must be made aware that they cannot rely on your skill/judgement.

**************Exceptions:************************

A customer has no rights if:

defects were bought to his attention before the sale
he examines the goods before purchase and any defects would have been readily noticeable
he damages the goods himself
****he simply changes his mind about wanting the goods***
he specifies the product wanted but doesn't rely on the trader's expertise (or ignores the advice of the trader) then he will not have a claim if the item is not fit for the purpose.

But dont give up they are being B****rds make it defective take it in to another branch and say its defective and you want your cash back, assuming you have receipt.

Ken

Answer 4

The HMV store is not under any obligation to refund you your money just because you change your mind and want to swap it. If however the DVD was faulty (i.e. It won't play etc) then they are obliged to refund you your money. The Sale of Goods Act says "The item must be of merchantable quality, fit for the purpose it is intended and as described" If is not then you have the right to return the item and demand your money back. If they fail to return your money you can take matters to the Small Claims Court (County Court) Usually though HMV are reasonable. Just ask to speak to the Manager who might be able to help you.

Answer 5

I'm afraid the store is quite within its rights to offer you an exchange only.

As stated on the Government's Consumer Direct Website:

"You don't have any grounds for complaint if you:

* Were told about the defect beforehand.
* Examined the item when you bought it and should have seen the defect.
* Bought the item knowing it wasn't fit for what you wanted it for.
* Did the damage yourself.
* Made a mistake when buying the item.
* Simply changed your mind
"

It's the last point that's of interest.

However, if there is something wrong with it, then your rights are entirely different. I recommend reading up at the address I've referenced.

Answer 6

Yes unfortunately they are right, unless theres something wrong with it they dont legally have to give you your money back. Some shops do to maintain customer goodwill. You could try writing a polite letter to HMV head office, they are always keen to be seen in a good light by customers.

Answer 7

yes it's legal. They're not obliged to offer cash back. Some shops do but others prefer to exchange mostly because it's to make sure it's not some sort of scam (which has caught out alot of stores)

Answer 8

As long as the dvd worked ok they dont have to give you your money back,only if it is faulty.If you just wanted to change it for some reason then they are being very generous for letting you choose another.Take it!!

Answer 9

i always thought unless it states on your receipt that you cant get a refund or at the till point then you are entitled too, and as you only bought it a few hours back and its still sealed I would kick up a stink cos i dont think thats right. you could ring their head office and speak to them good luck

Answer 10

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