asdfg said:
I got a present for xmas worth €49. It didn't fit, so armed with the receipt I went back to the shop.
Receipt or not, because a present doesn't fit (or you don't like colour for example) you're not covered by any rights when it comes to returning purchases.
As Clubman says, they did you a favour by even taking it back at all. Most shops will do this because of a keen sense of customer service - i.e. allow people swap purchases because of wrong sizing.
asdfg said:
they could only give me the value of the item as last noted on their computer ie €28.
This however, is them taking the piss. Using the computer is just an excuse, and they should have given you the full value of the original purchase.
This came up on some radio programme where almost the same question was asked of Carmel Foley, Director of Consumer Affairs. It was round about this time last year - sale time after Christmas period. She accepted that it was a difficult thing to judge what to do - because you're already getting their goodwill, but you are entitled to the full value refund, not the new year sale price refund - if you're getting the refund at all. If you were to force the issue, you may lose their good will and leave with nothing.
Henny Penny said:
I returned a gift to a homeware shop before Christmas ... they gave a credit note but deducted 10% for restocking which is a new one on me.
Again, this is a difficult one. You were being done a favour by being given the credit note in the first place, as you don't have to be given one for a straight return.
However, the restocking charge for a homewares product, I'm guessing, involved just putting the thing back on the shelf. This again is just taking the piss.
Restocking is something I've seen before, but in places like large warehouses where it actually would be difficult and timeconsuming to get something back into a batch of other products.
Technically, if they didn't tell you about the restocking charge as part of the original "contract" when you purchased the item, they're not entitled to charge it to you afterwards.
It's like not being told about a holiday reservation cancellation fee when you're buying the holiday - if they don't tell you about it either verbally or on paper somewhere (normally small print granted), then they can't make you pay the fee if you cancel.
However, back to the original comment regarding difficulty, if they don't have to give you the credit note in the first place, you're pushing your luck then by trying to enforce your actual rights by not paying the restocking charge.
They could just tell you then to get lost completely and not give the credit note.
Judgement calls required I suppose.
