Marks & Spencer

I bought a paid of casual trousers for my holiday in June this year, my normal size in M&S.

Got them home they did not fit so a trip back to the store again which is a 7 mile each way and managed to change for next size up, being in a hurry no time then to try them on and because that size would normally be generous I never gave it another thought.

When I got them home they did not go anywhere near me and actually seemed the same as the other pair which I returned, so there is something totally wrong with the cut or the sizing on the ticket is completly wrong. They are the same style of trousers I have been wearing for years and never have I had a problem with M&S stuff in the past.

Unfortunately, straight after I bought home the exchanged pair of trousers we went on holiday and I was unable to take them with me so left them in the bag with the receipt, then when I returned from holiday I was then in hospital for an operation and had 6 weeks recovery time, after that I was not able to get back to M&S within there 35 day refund policy.

I took them back to my locals small store a couple weeks ago where they also sell clothes and told me that I had to go back to a main store - the assistant did not not tell me I was out of time.

Sooooo.... at my next available visit to a main store which was at Brent X and they told me that they could only give me the sale price back for the goods which I purchased at full price. I told them that was not acceptable and the supervisor was not very helpful at all and was dam right rude,

I asked her for the CEO's name and number, she said did I mean the store manager - no I said. Why do staff at stores not understand who their CEO is?

Now I will look the CEO myself and make an official complaint under the 'Sale of Goods Act as under the description of the goods the size which I purchased they are not fit for purpose. Having purchaed many clothes from M&S in the size smaller that fit and sometime even the size below that even and yet the larger size goes nowhere near me. So I believe they are not fit for purpsose for which I purchased them, the sizing on the ticket on the label and the garmet has not been correctly sized.:tinysmile_cry_t:

I think now I will also claim compensation for all my troubles - watch this space.

If anyone can add anymore to this to throw at the CEO - please be my guest.

[Turboman]

Re: Marks & Spencer

I know someone who wore a jumper for a few months and then took it back and got a refund without even a receipt-lol

Youngsters do it with party frocks for a day (I'm told) too

[teaboy2]

Re: Marks & Spencer

Misleading sales practices, false advertising (i.e. stating incorrect sizes for items), Misrepresentation of the sales contract. Compound interest on top of your cost's for having to travel back and forth. Wrongly stating they could only refund the sale prices and not the full price it was purchased for (i.e. defrauding you as a result of their misleading and false advertising).

By the way am pretty sure the limit for refundable goods is 6 years from date of purchase for goods that are faulty or not as discribed - But thats probably because it is a 6 year time limit under the Statue of Limitations Act 1980 which applies to retail goods etc. (Though any claim has to be reasonable, i.e. you can claim for damage done say 3 years after purchases the products).

Customers return goods to retailers every day and many of them ask for refunds.
Circumstances when customers do not have a legal right to a refund, repair or replacement

Customers do not have a legal right to a refund, repair or replacement from you if they

• accidentally damaged the item
• misused it and caused a fault
• tried to repair it themselves or had someone else try to repair it, which damaged the item
• if they knew it was faulty before they bought it
• if they decide they no longer want the item (for example it's the wrong size or colour, or does not suit them).

There are a few exceptions to this rule, including goods sold by mail order or over the internet - see the section Your customers' rights when they buy goods online, by telephone or by mail order - and some goods sold to a customer during a visit to their home.
Circumstances when customers do have a legal right to a refund, repair or replacement

Customers do have a legal right to a refund, repair or replacement if an item they purchased

• does not match the description
• is not of satisfactory quality
• is not fit for purpose.

Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty. The next section of this guide, Your responsibilities as a retailer, provides a full explanation.

If you point out a fault to a customer and they are able to inspect that fault before they make a purchase, their purchase means they have accepted the fault and they cannot claim their legal right (outlined above) in relation to that particular fault.
Customers' rights last for six years

The law says that a customer can approach you with a claim about an item they purchased from you for up to six years from the date of sale (five years after discovery of the problem in Scotland).

This does not mean that everything you sell has to last six years from the date of purchase! It is the time limit for the customer to make a claim about an item. During this period, you are legally required to deal with a customer who claims that their item does not conform to contract (is faulty) and you must decide what would be the reasonable amount of time to expect the goods to last. A customer cannot hold you responsible for fair wear and tear.

The six-year period is not the same as a guarantee, but it does mean that even where the guarantee or warranty supplied with the product has ended, your customer may still have legal rights.
Complying with the law

You cannot remove a customer's legal rights, for example by displaying a notice saying 'we do not give refunds under any circumstances' or 'credit notes only in the case of faulty items'.

It is also against the law to mislead consumers about their legal rights - this could lead to a criminal prosecution under the Consumer Protection from Unfair Trading Regulations 2008

So go and get them Tuttsi, they denied you your legal right to a full refund, which is a criminal offence.