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to expect a refund when returning an unworn item with tags within 7 days to the shop?

(241 Posts)
MichKit Sat 22-Aug-09 19:09:30

... sorry, a bit if a rant coming up. I had a wedding to attend yesterday, and so on Wednesday I went shopping for a dress to wear. I couldn't find anything I liked or in my size, so in a panic I went into an LK Bennett store (out of my price range, but I was panicking!) and paid £185 for a dress. I tried it on in the store.

Anyways, the next day, I went in to Debenhams and saw another dress that I had liked I had liked the day before, but they hadn't had it in my size then. I found it on Thursday on the sale rack in my size, so was delighted and bought it, intending to return the other one to the store. I wore the Debenhams dress to the wedding and had a great time.

Anyways, I took the LK Bennett dress back to the store today, and was told point blank that there was 'damage' to the dress, and they wouldn't refund the money. I was completely shocked, especially since it was still wrapped up. I hadn't even taken it out of the wrapping, and they said the dress was not unworn as it had marks on it. I pointed out that surely other people would have tried the dress on in store, and that could have also been the reason for the marks. Again, I was practically accused of lying, and that the dress would be sent to customer services for analysis (really???).

I realise that I should have checked the dress for any marks before I bought it, but I bloody well trusted the shop assistant who packed the dress for me!!! Plus, I know that she didn't check the dress for any damage either, and the shop assistant today is claiming that she did (the one that served me was off today) They are claiming that since the dress was 'damaged' in my care, they cannot offer me a refund.

Feeling very sick, stressed and worried now, close to tears and wondering if I have lost the money for good. Please can anyone tell me what I need to do? AIBU to expect better service from a high end store. I know I live in the Liverpool area but surely that's no excuse for treating a customer like this!!

MamazontheDailyMailtakingadump Sat 22-Aug-09 19:13:41

its not exactly unknown for people to go and buy dresses like this and wear them only to return them the day after the event.

I think if there was a mark on the dress it is within reason that they will refuse refund.

also refunds are only really demandable of there is a fault with the dress. otherwise its down to the shops discretion. most places will offer you a gift voucher or an exchange.

your angry because you know that you haven't worn it. but the shop assistant doesn't know you from teh woman that walked in two minutes ago who had worn her dress three times and asked for a refund.

just mark it down to experience and always look around before buying.

bubblagirl Sat 22-Aug-09 19:16:27

i agree with the shop in all honesty as after 7 days you could well have worn and marked dress

wash it get marks out and sell on make money back i do understand why shops will not refund especially a sit was marked of course they will think you have worn it and will refuse you know you didnt but they dont

sell it on and make some money back that way

nannynick Sat 22-Aug-09 19:20:53

Contact Consumer Direct (link to website with info about your rights), they will be able to discuss with you what statutory rights you have with regard to your purchase.

You don't have rights in the case of you simply changing your mind. But you do have rights if the item was not fit to be worn.

katiestar Sat 22-Aug-09 19:21:44

Do they have a refund policy ?

MichKit Sat 22-Aug-09 19:24:21

Bubblagirl, I has only had it since Wednesday afternoon, which is for a whole 3 days! Just really stressed about it, as it was quite an expensive dress.

I did ask about refund policy when buying and was assured that as long as it was unworn with tags they would give me a full refund. Plus, now they are accusing me of having marked the dress, which I KNOW I couldn't have possibly done!! So if it was marked at the store, why should I have pay for this?

dilemma456 Sat 22-Aug-09 19:25:33

Message withdrawn

MichKit Sat 22-Aug-09 19:25:37

Katiestar, yes they do. 7 days unworn with tags, and they will refund. But obviously in my case they are not.

cupcakesinthesnow Sat 22-Aug-09 19:27:30

Hmm...I would have been taken the dress home agan and returned it a few days later claiming the reason I was returning was that on gettin git home I discovered it was damaged and demand a refund and suggest they check their stock more closely in future to avoid people wasting their time having to return soiled goods!

As it is I would get the name of the highest person in charge and write to them explaining your shock and upset at being treated in such a manner. They wont expect most people to bother with this so get writing!

MichKit Sat 22-Aug-09 19:28:45

Dilemma, that's what I argued about in store. I never raised my voice, and I was very polite, yet was told that seeing as I was being 'unreasonable' they were not going to discuss the issue with me there and I should contact customer services (which will take another 10 days)

What's unreasonable about expecting a refund for something I had not even taken out of the wrapping?

I only checked the store reviews now, and feeling even more stressed out.

cupcakesinthesnow Sat 22-Aug-09 19:35:04

If the dress really is badly marked as they are saying threaten to take them to the small claims court as they sold you something unwearable and are refusing a refund. I know you originally bascially have changed your mind and legally you do not have any rights if you persue that line, but as I said if they are claiming the dress is marked and you obviously have not worn it, they have essentially sold you soiled goods and you have every right to a refund.

RunningGirl Sat 22-Aug-09 19:39:56

surely they can't seriously think you wore it properly (ie for more than a try on) with the tags still in it? If you press that point and take it higher I'm sure someone will see sense! That sounds like terrible service to me.

MichKit Sat 22-Aug-09 19:40:36

cupcakes, the dress is not badly marked. Its got a few patches inside the bust area which look suspiciously like someone has tried the dress on with make up on. And its got a spot near where the strap is, again looks like makeup. I never wear makeup, so they must have been there when I bought the dress. I mean, who looks at the lining of the dress they buy?
The first time I saw the marks was when I returned the dress to them... and I really resent that they are accusing me of marking the dress when I didn't.

How do I contact the small claims court? Is that the same as Consumer Direct? (thanks for the link, nannynick)

MichKit Sat 22-Aug-09 19:42:04

Runninggirl, it was terrible service. They practially accused me of lying as soon as I brought the dress in! Suffice it to say I won't ever be shopping there again.

RunningGirl Sat 22-Aug-09 19:55:41

I would definitely take it further. Quite aside from the fact that no sane person would wear a dress with tags in just to get money back, it is shocking customer service to have taken that attitude with you. Particularly from a high end shop where you think you are paying for good service.
Maybe you should just forward this thread to their head office!

nannynick Sat 22-Aug-09 19:58:22

Small Claims Court is different to Consumer Direct. In my view it isn't worth pursuing via court until you have exhausted other things.

Firstly speak with the store manager - not a sales assistant. You may find that going in on Monday and asking to speak with the manager will get you at least having a reasonable discussion about the issue.

Have a chat with Consumer Direct (they are like Trading Standards - think they may even be what we knew previously as Trading Standards) and see if they can give you practical advice on returning goods which were damaged/marked at the point of sale.

MichKit Sat 22-Aug-09 20:04:49

Thanks Nannynick. I have spoken to the manager today, and she was the one who told me there was nothing I could do, as the dress was marked. The sales assistant took her cue from the manager and basically told me I was unreasonable and she would not be continuing the discussion with me, the manager wandered off to help another customer without even acknowledging me at that point.

The whole thing has hit me quite hard, as I have already been having a tough time personally and this wedding was a chance to kick back and relax. And now I feel even more stressed out, as this is going to cost me a lot of money if I don't get a refund. I am feeling like I am being penalised for living in Liverpool, where apparently this thing happens quite a bit shock Even so, I was appalled at the service from the store, they made me feel the size of an ant!

I have to wait till Monday to speak with Consumer Direct, hope they can advise me better. Fingers crossed!!

TheProfiteroleThief Sat 22-Aug-09 20:07:37

Bless your innocent heart - loads of people wear clothes with the label in with a view to returning them, especially special occasion type things. This is the same reason you cannot return hats - people used to buy them, wear to wedding, then return.

I'm not saying you have at all, I just think that lots of customers would try it on with an expensive dress from a smart store.

I believe there is a black market in kimble tag machines also, so people remove obvious tags, wear, then replace tags.

Bummer for you though

bluejeans Sat 22-Aug-09 20:12:23

Can you get to another branch of there within the 7 days? they might ahve a nicer manager, or less observant staff

BigGobMum Sat 22-Aug-09 20:13:10

Oh dear -what awful, awful (customer service) reviews. I hate shops with this sort of attitude. I hope you get satisfaction.

MichKit Sat 22-Aug-09 20:13:56

Bluejeans, the dress has been taken by the store to send to Customer Services for 'analysis'. I have been told that I will be contacted in about 10 days with the results.

Yes, really!

expatinscotland Sat 22-Aug-09 20:14:05

'I believe there is a black market in kimble tag machines also, so people remove obvious tags, wear, then replace tags.'

There is.

I once went out with a professional thief, who came from a thieving family, and they had a number of these machines and machines for removing various security tags.

It really sucks that so many people do buy expensive clothes from a smart shop to wear and then return, or nick them from a smart shop and then return for money, because the rest of us pay for their ways.

TheProfiteroleThief Sat 22-Aug-09 20:14:38

Do you reckon Customer Services Investigation is what CSI stands for?

MichKit Sat 22-Aug-09 20:16:29

TheProfiteroleThief, thanks, that's raised my first smile of the day!

TheProfiteroleThief Sat 22-Aug-09 20:17:33

grin

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