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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To expect a refund?

147 replies

Kai1977 · 28/09/2017 12:46

I bought a top from Zara a week ago, got it home to find a buttonhole was damaged. I can't find the receipt but the amount shows on my credit bill.

Zara will only offer an exchange. Does the credit card bill not count as proof of purchase?

OP posts:
Etymology23 · 30/09/2017 21:04

If Zara can't work out what they sold on a given date, in a given store at a given time then they are gonna have horrific accounting problems in a company that size! I'd expect to be able to get that info out of EPOS, but whether the employees know how will be another question!

Srush86 · 30/09/2017 21:16

Often a misused phrase is completely right. Where I work it is constantly used. Even the shoplifters use it lol

Srush86 · 30/09/2017 21:24

And btw WhatToDoAboutThis2017 no need to get bitter we're just trying to give this lady some advice not get at each other. If anyone in wrong it's Zara she is totally entitled to a full refund

WhatToDoAboutThis2017 · 30/09/2017 21:25

What is it I'm supposed to be bitter about? Confused

RunningOutOfCharge · 30/09/2017 21:27

We also get a lot of customers who have misused products so they then become faulty

Srush86 · 30/09/2017 21:40

RunningOutOfCharge

Right back at ya! Happens all the time. In this lady's case though she only had it a week n tags still on etc.

RunningOutOfCharge · 30/09/2017 21:45

yeah, i know...ive read the thread

Original poster
Kai1977 · 30/09/2017 21:46

Thanks all. I'm not sure why there are so many comments about how the business suffers? And we're also talking about a huge multinational corporation here, they should operate within the law too. I was specifically asking about my consumer rights in a situation where the item was faulty before I bought it and I've been given advice on that.

Others may buy products, damage them and try to take them back but that's not the situation here and not the AIBU question I asked about.

OP posts:
RunningOutOfCharge · 30/09/2017 21:47

no i know....as with most threads on MN,they er, move on!

Binghasalottoanswerfor · 30/09/2017 21:57

Raizel You haven't got a clue! You've just admitted you've even argued with Citizens Advice! Arguing doesn't mean you know the law!!!!!!!!! Yes, OP is correct.

As a consumer Protection Lawyer I can state that OP's quoted CRA 2015 is spot on. She is indeed, entitled to a refund.

You're welcome. My bill is in the post Wink

Srush86 · 30/09/2017 22:12

Excellent advice Binghasalottoanswerfor just taking up the CRA 2015 act myself with a repair I had done on a phone and went wrong.

mumindoghouse · 01/10/2017 00:43

S9 deals with right to return if faulty. Nowheee deals with need for receipt as it is not a requirement under the Act!

mumindoghouse · 01/10/2017 00:44

Nowhere

MongerTruffle · 01/10/2017 10:12

27yorkshiregirl That's been replaced with the Consumer Rights Act.

AngryGinger · 01/10/2017 16:31

You shouldn't need a receipt if it is faulty. I used to work in a clothes shop and people would bring things back faulty after they'd worn them and we would refund without a receipt. A refund with no receipt because you've changed your mind though, not happening

Roomster101 · 01/10/2017 16:49

If the item is faulty you just need proof of purchase so a credit cardit statement should be fine. Unfortunately many shop staff and even their managers don't understand/know the law....

Rubybear · 01/10/2017 19:02

surely if it's damaged then Zara should change it over for you? I've had a similar problem with a pair of trousers I brought from Zara. I didn't try them on in the shops, as I had my little boy with. But when I got home, I noticed the in-seam had split. I took them back the next day, without the receipt (don't know where it went) and Zara exchanged it for me - that was the branch on king's road.

RunningOutOfCharge · 01/10/2017 19:49

They have offered the op an exchange.... she doesn’t want one

mtpaektu · 01/10/2017 20:07

This reply has been deleted

Message withdrawn at poster's request.

BoffinMum · 02/10/2017 09:28

You are legally entitled to an exchange or full refund within the first six months. As it shows on your statement that represents proof of purchase.

Blink66 · 02/10/2017 09:44

This is v very simple - doesn't matter what people working in retail think should happen, it's easy to get your money back.

If the goods are faulty within the first 6 months it is up to the shop to prove* that the goods were not faulty, not for the consumer to prove they are.

  • If returned within 30 days, it is the customers choice whether to have a refund or not.
  • All that is required is evidence of the purchase - not a receipt, as nothing requires receipts be given and it would be a restriction of your rights.

Obviously, you cannot force the shop to give you a refund - and it sounds as if their policies are against your statutory rights. Don't bother trying again.

  1. Simply write to the retailer stating the facts it was damaged, you provided proof of purchase in the form of a credit card statement and requested a refund as per your statutory rights. Indicate the shop offered you a replacement, so it is accepted the product was faulty - just the remedy is in question.
  2. When they reject this or 21 days later, write again indicating you will take them to court within 14 days if not refunded.
  3. Put a claim on MCOL.

Very unlikely they will contest it - get default judgement or they will just send you the cheque. If they do, you will very likely win.

spiney · 02/10/2017 10:03

If goods are faulty they are faulty.

Op paid money, got the top home and it was faulty.

It is not the same situation as when you just change your mind - that is at the retailers discretion- And you pretty much always need a receipt.

Not if goods are faulty. " proof of purchase" is acceptable.

Doesn't matter how many on here say they think an exchange is fine - it's not ( unless the customer is happy ) . Since when can you be sold faulty goods and be penalised for it? 🙄

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