# Credit Note/Voucher Not Accepted During Sale



## galwegian44 (24 Jan 2011)

My wife purchased a number of items in a local sports shop around Christmas and before purchasing asked if the owner would exchange the goods if the recipients wanted to change them. As it turned out she returned a rugby shirt for a value of €60. She expected cash equivalent in return as this was what was assumed at the time of purchase but settled for a written “credit note/voucher” for €60 as the owner was good enough to accept the rugby shirt which was in prime condition.

Some weeks later my wife attempted to purchase some items in the sale but when she offered the credit note/voucher the sales assistant stated that it was not acceptable during the sale and pointed to a hand-written sign stating this fact.  Is the vendor correct in saying that the credit note/voucher is not acceptable payment during a sale or must they accept it?

Thanks in advance.


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## Sandals (24 Jan 2011)

email consumerconnect.ie or ring their 1890 number, they'll know. 

Have never seen this myself...


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## Zest (24 Jan 2011)

Your best bet would be to contact the National Consumer Agency with your query (locall 1890 432 432) but from everything I have read I don't think it's legal. The Sale of Goods and Supply of Services Act states that your rights in a sale are the same as your rights during normal selling times, which I would assume extends to credit notes.


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## PetrolHead (25 Jan 2011)

The shop is in the right I'm afraid. 

As the original item wasn't faulty/damaged/etc the shop owner had no obligation to refund but chose to do so by way of a credit note. The terms and conditions of the credit note (such as expiry date etc.) can be set by the retailer and this particular clause was displayed in the premises.


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## twofor1 (25 Jan 2011)

galwegian44 said:


> Is the vendor correct in saying that the credit note/voucher is not acceptable payment during a sale or must they accept it?


 
My opinion;

How the customer came to have a credit note is irrelevant, they are issued for various reasons.

http://www.businessdictionary.com/definition/credit-note.html

If the credit note does not state that it cannot be used in sales, I would expect it to be treated as cash, sale or no sale.

Subsequently referring to a sign saying credit notes not accepted in sales is surely moving the goal post.


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## PetrolHead (25 Jan 2011)

twofor1 said:


> My opinion;
> 
> How the customer came to have a credit note is irrelevant, they are issued for various reasons.



They are issued for various reasons but in this instance OP states they returned a jersey that the retailer was not obliged to take back. As a gesture of goodwill a credit note was issued therefore the retailer is at liberty to impose any terms and conditions (within normal caveats of course) that they see fit.


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## dahamsta (25 Jan 2011)

Are you the vendor in question? If not, how could you possibly know what terms and conditions the vendor has or has not included on the credit note?


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## PetrolHead (25 Jan 2011)

dahamsta said:


> Are you the vendor in question? If not, how could you possibly know what terms and conditions the vendor has or has not included on the credit note?




OP told me.....




galwegian44 said:


> ...the sales assistant stated that it was not acceptable during the sale and pointed to a hand-written sign stating this fact...


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## twofor1 (25 Jan 2011)

PetrolHead said:


> As a gesture of goodwill a credit note was issued therefore the retailer is at liberty to impose any terms and conditions (within normal caveats of course) that they see fit.


 

I would have thought a credit note is a credit note whether issued as a gesture of goodwill or as a result of a defective item, or any other reason.

If this ‘’no sales’’ condition applied to this credit note, then this should have been stated on the credit note, which does not seem to be the case.


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## dahamsta (25 Jan 2011)

Exactly. We also don't know what the sign said, if it was there when the credit note was issued, etc. It would also be interesting to know when the credit note could be cashed. I haven't seen a shop without a Sale sign for about 3 years.

Sounds like a load of tosh to me.


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## PetrolHead (25 Jan 2011)

dahamsta said:


> Sounds like a load of tosh to me.




It may well sound like a load of tosh to _you_... but unfortunately, its correct.


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## RonanC (25 Jan 2011)

@ PetrolHead, where are you getting your information from?

Terms and conditions must be clearly notified to a customer, either in the shop when the credit note/voucher is being offered or on the credit note/voucher itself. The shop cannot simply put up a sign when it wishes to and then remove it again (when a "sale" is over)

from here http://www.nca.ie/eng/Business_Zone/Guides/Full List/Sale of Goods.html


> Credit notes may be offered to consumers as gestures of goodwill when  there is no entitlement to a refund. *Any conditions as to the use of a  credit note should be clearly stated to the consumer.*


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## rustbucket (26 Jan 2011)

Ring up Q102. I think there is a guy from the Consumer Affairs on it every Monday afternoon. They'd tell you on the spot whether its legal or not


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## PetrolHead (26 Jan 2011)

I'm quickly loosing the will on this one so this is the last post I'm making in this thread...

Who is to say whether the sign was up the day OP collected the credit note or not...

However - 

When all is said and done the retailer has gone beyond what was required of them and then imposed a perfectly reasonable restriction. 

I see no problem with this situation either morally, ethically or legally.

I'm sure the over developed sense of fairness displayed by other posters will drive indignation and disagreement however........


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## galwegian44 (26 Jan 2011)

Thank you all for your responses, it's very much appreciated. Just to clarify:

1. At the initial purchase my wife asked if the goods could be exchanged before she purchased and got an unequivocal "Yes, of course" response. In fairness to the retailer my wife assumed this meant a cash/credit card reversal exchange but it's likely that the retailer did not.

2. The retailer did indeed provide the exchange which goes above and beyond what is required by law.

3. The credit note/voucher was hand-written and did not include any terms and conditions

My wife has since returned to the shop to speak with the owner who has accepted the credit note/voucher for the sale items. Again the shop owner was extremely curt and made a point of stating that the law was on her side in relation to this but she was making an exception. My wife had the good sense to take the items and leave, vowing never to return. As it turns out the "Sale" turned into a "Closing Down Sale" the following day so the owners are obviously under a lot of pressure right now in these economic times.

Thanks again all.


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## rustbucket (26 Jan 2011)

PetrolHead said:


> I'm quickly loosing the will on this one so this is the last post I'm making in this thread...
> 
> Who is to say whether the sign was up the day OP collected the credit note or not...
> 
> ...


 
Or perhaps the over developed sense of unfairness......


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## Leo (27 Jan 2011)

Also remember that legally, the shop is under no obligation to accept any method of payment. 
Leo


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## CatherineB (4 Feb 2011)

galwegian44 said:


> Thank you all for your responses, it's very much appreciated. Just to clarify:
> 
> 1. At the initial purchase my wife asked if the goods could be exchanged before she purchased and got an unequivocal "Yes, of course" response. In fairness to the retailer my wife assumed this meant a cash/credit card reversal exchange but it's likely that the retailer did not.
> 
> ...


 

Glad the issue was resolved, despite the fact the shop is going! Most likely they were aware of the fact its days were limited and were unwilling to accept anything other than direct payment, which of course is unfair, but I do understand their reasoning.

Your wife was referring to a refund, that is, the reimbursement by way of cash, or by credit/debit cards if they were the method used originally, or by gift card/credit note if a gift card/gift voucher was the original method. Nobody is entitled to a refund unless the item is faulty, and even then as a last resort. Goodwill refunds are common in department stores and chains, who can absorb the loss. Small shops and one-off shops cannot, and tend not to do them, they are within their rights. What your wife was actually asking for was an exchange, which is different. Exchanges refer to a direct swap (size, colour) etc of an item, or can be goods up to the value. They are much more widespread, and nearly everywhere will do them. This is why the shop said yes to this, when your wife thought that meant goodwill refunds are done. Big difference, as no loss for the shop is involved in an exchange.


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## DB74 (4 Feb 2011)

Leo said:


> Also remember that legally, the shop is under no obligation to accept any method of payment.
> Leo


 
AFAIK the shop is legally obliged to take legal tender as payment.

After that I don't know.


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## Leo (4 Feb 2011)

DB74 said:


> AFAIK the shop is legally obliged to take legal tender as payment.


 
This is a common misunderstanding. Goods on display, prices marked are only an 'invitation to treat', the shop has no legal obligation to sell the items. 

They are legally obliged to accept legal tender where a debt already exists, but in the normal course of shopping, no such debt exists and they are free to accept or reject your offer.


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