I bought a bit of jewellry from a shop almost 2 months ago but asked the shop to hold it til May (gift for woman, didn't want her finding it). I paid by VISA. Since then I've had a change of heart (seen something better elsewhere). Considering its not even been out the door of teh shop, is still tagged etc, can I get a refund? The shop is telling me all they can do is exchange it for something else if I don;t want it....
Any ideas?
2007-05-14 21:47:48 · 14 answers · asked by Derek J Kered 2 in Politics & Government ➔ Law & Ethics
Im afraid that the shop is under no obligation to give you a refund unless the item is faulty, as so many shops do offer refunds people have come to expect that this is what they are entitled to. However on this basis, you could always persist in the nicest possible way of course us shop keepers can be helpful if a customer is nice forget it if you get rude and obnoxious. What i would say is that as a demonstration of excellent customer satisfaction and service they could offer you a refund and still keep a potential custome than create an unhappy customer who will no doubt spread the word. Hope this helps.
2007-05-14 22:01:03 · answer #1 · answered by h2o 2 · 2⤊ 0⤋
The legal stance is that they do not have to refund your money unless it is not fit for purpose (faulty for example). The fact that you bought it on your card is irrelevant - forget the other posters who have given you this angle as they are plain wrong. You can't file a dispute on your visa because you changed your mind.
It is very bad customer service though so I would kick up a bit of a stink - be polite but persistent, tell them if you don't get a refund you will write to head office and complain, never shop there again, tell all your family and friends about the poor service, and highlight the shops poor policy on the Net. I'd be surprised if you didn't get your refund.
2007-05-14 22:04:32 · answer #2 · answered by derbyandrew 4 · 1⤊ 0⤋
That may be store policy but i don't think that is legal! They try and do that a lot with CD's however state law, at least in my state, won't let them do that. Most people have never read the law and that is what they depend on! Store policy means squat! Ok, store policy means a little, sometimess
Most, if not all states, have consumer law!
Part of our law says rhis
"But what happens when a buyer "accepts" the merchandise and later discovers that it fails to meet the sales contract and warranty requirements? The buyer may be able to revoke acceptance of the merchandise, and, in effect, secure a "refund." Under the UCC, a buyer may revoke acceptance of merchandise that fails to satisfy sales contract requirements if:
The buyer accepted the merchandise before discovering the defect, and the defect was not readily apparent or easily discovered, or the seller assured the buyer that there was no defect
The buyer accepted the merchandise knowing it had a defect and reasonably assumed that the defect would be cured, yet the defect has not been cured
In either case, the consumer's revocation of acceptance must satisfy at least these preconditions:
The nonconformity of the good "substantially impairs" its value
The buyer notifies the seller within a reasonable time, before the good deteriorates substantially" due to causes unrelated to the defect related to the revocation
The buyer exercises the proper degree of care to protect the seller's interest in the good"
Since you paid for it and left in there for 2 months and found something better elsewhere, don't you think that is unfair as well?
I would probably say that under the law, you have not accepted the merchendize yet, and until you do, I would suspect you are under no obligation to accept it as it never left their store or was in your possession!
I believe it is still theis!
Get a lawyer!
2007-05-14 22:00:29 · answer #3 · answered by cantcu 7 · 0⤊ 2⤋
Dude...you can't just think you can do whatever you want. Incase you haven't noticed, there are rules in this world.
Most places have a 30 day return policy. It's been 60 days. You should have asked what their exchange/return policy was. 2nd, they did you a favour by holding onto the jewellry for you....most places wouldn't. You didn't have at least ONE friend who could throw it in a drawer for you?
You gave them your business...now 60 days later you change your mind.... tough luck.
You live you learn, that's what life is all about. You get f*cked over by a small store...now you know not to shop at small stores. Or at least get their return policy.
2007-05-14 21:57:30 · answer #4 · answered by Chrissy 4 · 0⤊ 0⤋
Tell the shop that if they don't refund you then you will contact your card issuer and get a refund from them instead. You are covered by the Consumer Credit Act if you paid by card, so I would say yes, it may take some time and be a bit hassly but ultimately you may very probably get your money back. With luck (and persistence from you) the shop will see reason and not make you jump through all the hoops of writing to your card issuer etc.
2007-05-14 21:52:32 · answer #5 · answered by Anonymous · 0⤊ 2⤋
The shop will not be obligated to refund it unless it is faulty or not as described.
Usually in these situations the outcome you get depends on how persistent you are and how much of a problem you become. Be firm, ask for the manager, ask for the head office address - be firm but DO NOT shout or swear - if you do this you lose.
Persistence usually wins.
2007-05-14 21:52:26 · answer #6 · answered by The Wandering Blade 4 · 2⤊ 1⤋
Take your point but. You offered to buy the item. The shop accepted your offer. This is a contract. You have no right to cancel it and get your money back because you've changed your mind. The shop need not even let you exchange it.
2007-05-14 21:55:12 · answer #7 · answered by proud walker 7 · 1⤊ 1⤋
As above, no shops have any obligation whatsoever to change any item because you have changed your mind, doesnt fit etc.
You could always get shop vouchers and sell them on?
2007-05-14 21:52:33 · answer #8 · answered by OriginalBubble 6 · 0⤊ 1⤋
if it has not been used and you have the receipt by the trade and standard act you can get a refund unless the receipt says no refunds but exchanges can be given
2007-05-14 21:58:41 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Yes there is something you can do.
Get a hold of the manager and tell him/her that unless your money is returned then you are going to the appropriate government agency and file a charge of theft.
If you do not have the product and they have the product and the money then they are stealing from you.
Check your local community law assistance for the proper agency to get in touch with.
2007-05-14 21:55:46 · answer #10 · answered by the old dog 7 · 1⤊ 5⤋