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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

240 replies

MichKit · 22/08/2009 19:09

... 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!!

OP posts:
TheProfiteroleThief · 22/08/2009 20:19

This reply has been deleted

Message withdrawn at poster's request.

Original poster
MichKit · 22/08/2009 20:22

Morloth, yes I have a reciept (of sorts). I intend to call them on Monday and speak to someone. I am generally not an assertive person, and have been going through a tough time... my usual reaction to these things is to say, 'Oh OK then, I'll wait to hear back'. Its just that its the first time I ever spent so much money in my life on a dress, and I really can't afford to let this go.

I was very polite in store today... and close to tears. Hopefully the telephone will be an easier mode of communication!

OP posts:
Original poster
MichKit · 22/08/2009 20:24

TheProfiteroleThief, yes it does. I asked about it before I bought the dress in the first place.

The funny thing was that the assistant I spoke to first thought I was going to exchange and she didn't have a problem with that. It was only after I mentioned that I wanted a refund that that the whole thing about the dress being marked started.

OP posts:
expatinscotland · 22/08/2009 20:25

I'd be in tears, too! That's not exactly small change for a dress.

TheProfiteroleThief · 22/08/2009 20:25

This reply has been deleted

Message withdrawn at poster's request.

bluejeans · 22/08/2009 20:26

Sorry michkit I misread your post!

Agree with expat. My mum bought DD a dress in John Lewis once and gave me the receipt in case DD didn't like it (she's very picky!) - well she didn't like it - I knew I wouldn't have DD in JL before the time period was up so took it back and asked for a credit note until I could take her - well they would only do an exchange as my mum paid by credit card, v annoying when you're not trying to dodge the system!

Morloth · 22/08/2009 20:28

They are relying on you simply giving up and it being too much hassle. Pretty much all companies do this because it works.

Remember when you call to repeatedly ask to speak to a manager/supervisor. Ask the person who answers if they can make a decision, if not then ask to be put through to someone who can.

If you want your money back you are going to have to be assertive. Right now they have the dress and the money, which isn't on.

Original poster
MichKit · 22/08/2009 20:35

Yes for sure, in hindsight I should also have read the store reviews before going in, and checked the dress before taking it out of the store. Lesson learnt, I suppose. What ever happened to trust and service ethos :-(?

OP posts:
Original poster
MichKit · 22/08/2009 20:37

Morloth, I definitely will be taking your advice and calling thier customer service too. I just don't think such non-service is on!!

OP posts:
rolledhedgehog · 23/08/2009 10:22

I think LK Bennett have a policy to make refunds as hard to get as possible. A friend of mine bought a pair of hugely expensive boots in a branch in Surrey last winter and after a few wears the heel fell off. When she tried to return them the manager told her she had worn them too much!!!!

Obviously she kicked up a huge fuss the they then sent them away 'for analysis'. They did give her an exchange in the end but they were very rude.

Our local branch is empty most of the time and I think in the current climate they are trying too hard to protect whatever revenue they can get. Very shortsighed as my friend was the only person I know who actually regularly bought from there and won't ever again!

StayFrostyDMisaVileRag · 23/08/2009 10:38

This reply has been deleted

Message withdrawn at poster's request.

nannynick · 23/08/2009 11:02

If it helps:

The Chief Executive of LK Bennett Limited is Margaret McDonald (Source: Pheonix Equity - News)
Address:
LK Bennett, 3 Cavendish Square, London, W1G 0LB

Morloth · 23/08/2009 11:33

There you go MichKit, write directly to Margaret McDonald with all the details.

She won't want to deal with it, so will flick it to her secretary to make it go away, i.e. also known as giving you what you want so you shut up!

LadyMuck · 23/08/2009 11:37

Did you pay by credit card? May be worth talking to your cc company too.

sunnydelight · 23/08/2009 12:07

Unless the law has changed in the last two years since I left the UK you do not have a right to a refund under the circumstances you describe. You have no grounds for rejecting the goods under the Sale of Goods Act which is the only way you can insist on a refund. Some shops will give refunds as a matter of good will, but it is not a legal right. The EU Consumer Directive that came into force a few years back strengthened consumers' rights with regards exchanges, but didn't change the situation with regards refunds. Neither do you have any recourse through your credit card company as the bottom line is you changed your mind - the shop are undoubtedly being horrible but they are acting within the law. Sorry.

nannynick · 23/08/2009 12:14

But sunnydelight - the goods weren't "Fit to be Worn" by all accounts.
Though I do agree with you that under the circumstances described there is no right to a refund. If those circumstances were not mentioned though... then the garment is marked and may be considered to not be fit to wear.

brimfull · 23/08/2009 12:15

blimey what shit service but I couldn't help laughing at 'I know I live in the Liverpool area but surely that's no excuse for treating a customer like this!!' in your OP

hope you get a result michkit

if nothing else tell them their name will be slated on mumsnet!

mayorquimby · 23/08/2009 13:36

yabu they have absolutely no obligation to give you a refund because you changed your mind.

TheCrackFox · 23/08/2009 13:49

At least we all now know not to panic buy at LK Bennett.

Legally they are in the right but I would be very upset. £185 for a dress.

LuluMaman · 23/08/2009 13:55

i think in this economic climate, they should remember the customer is king. or queen, far better to refund the £185 and hope the customer comes back in future and recommends to friends/family than not refund and get bad publicity on t'interweb.

a bit of goodwill goes a long way

YANBU

PitysSake · 23/08/2009 13:55

No one emailed it to Lk Bennet then?

Fayrazzled · 23/08/2009 14:13

Those of you who are saying that in law the customer has no right to a refund for changing his/her mind are correct. However, from what the OP has said, LK Bennett states in its returns policy displayed in the shop that goods can be returned within 7 days for a refund if the tags are intact. The OP has met these criteria and I think is entitled to expect a refund; I would argue it is a clause of the contract she made to buy goods from them. She even asked for verbal clarification of the policy. If I were her I would argue that I would never have bought the goods if there had been no such policy in force that enabled her to return the item if she changed her mind. If they refuse the refund, I would argue they misprepresented a material clause in the contract to her.

OP- stand your ground and refuse to let them fob you off regarding the marks. I would definitely write to the Chief Executive and state in your letter you expect a refund within seven working days.

If you paid by CC, I'd ring your CC company and ask their advice too. LK Bennett now has the dress and your money- that's unacceptable.

notpickedanameyet · 23/08/2009 19:36

Michkit, if I were in your position i would be confident of getting my money back.
You know you haven't worn the dress, the dress is unfit to wear so just keep insisting you are in the right.
Don't accept an exchange you want a refund as you checked you could before purchasing.
I'm sure you'll get one so try not to stress too much

Original poster
MichKit · 23/08/2009 19:47

Thanks for all the supportive messages, I feel a lot better about things now, and also feel up to fighting thier decision, whereas yesterday all I wanted to do was curl up in a corner and cry my eyes out!! I am just waiting for tomorrow, and I am going to be calling thier customer service line, along with consumer direct and I don't care if I have to wait all day to talk to someone who can make a decision.

I think this whole thing about taking the dress away for analysis is rubbish, who know what they can now do to it, and how can I trust them when they say its going to stay as it is? But they didn't give me a choice there either, it was either that or take the dress away with me and no refund.

I am very disappointed in the whole experience... and if I don't get satisfaction I am going to write to their CEO too. I really can't afford to lose out on this one.

The silly thing for them is that I had my eye on a pair of shoes there that I would have liked to buy from them, and had they refunded my dress I would have bought those shoes almost straightaway, and they would have even had a repeat customer!!! As it stands they have lost not one but several customers, as all my friends are outraged and have vowed never to buy from them again.

I didn't know about the CC, thank you Fayrazzled, I will call them too. Hopefully something can be done.

But thanks again Mumsnetters, you guys are awesome!!!

OP posts:
brokenspacebar · 23/08/2009 20:02

You could always let them know that you are very influential, how many people on mn will read this and be much less inclined to consider a purchase there? Unless you get the refund!

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