Consumer Rights

[puppymalone]

I have just been to HMV to return an unwanted Christmas present. The girl said that I could only exchange or have the money put on a gift card as stated on the back of my receipt, but when she turned the receipt over the terms and conditions were not printed. Am I legally entitled to the cash back as I orginally wanted.

[sara3]

how was it paid for?

[dustinmyeye]

id have thought that if you have the receipt then they have to give you a cash refund if you want it , if no receipt then an exchange or money on a store card.

[mischief121]

sell it on e bay!!

[Buenchico]

Unless an item is defective you never have the right to to a refund or exchange on any item. As soon as a sale is completed the purchaser's contract with the vendor is at an end. You could, for example, buy an item of clothing and, 30 seconds later (even before you've got out of the door) realise that you'd picked up the wrong size. If you ask for a refund or an exchange, the retailer has every right to say "Tough luck, mate. Get out of my shop".

There are only two exceptions (relating to non-defective goods):

1. If the retailer displays a sign (or otherwise advertises, e.g. on the back of a receipt) stating that he will exchange or refund unwanted items, that offer forms part of the contract of sale and the retailer must stick to the agreement.

2. If an item is purchased through 'distance selling' (e.g. as an internet sale), there's a 7 day 'cooling off period', enabling the purchaser to return saleable items for a full refund.

Chris

[Ethel]

Chris is absolutely right, and I think HMV were very generous to offer an exchange or gift card.

[dot.hawkes]

Chris and Ethel ate correct, there is no legal right to have a refund on any unwanted or unsuitable item, it is only a service, which can be withdrawn at any time and is discretionary.

Hence my aggravation yesterday with customers kicking off cos we had suspended the service during the first 3 days of the sale.

One guy stood in the queue for 5 minuyes and then said he had read the (4ft high) red notice behind me that stated that there would be no refunds 26th-28th but he was going on holiday til end of jan. i said no probs, we would honour it when he came back. what a plank he was, the whole point was to avoid holding up the queues at a busy time and he stood there whilst the people behind him rolled their eyes and gave him the evils.

i sent him on his way, serves the eejit right , what a pleb. I have won awards for my customer service skills, but sometimes you just lose it.