security tag left on but manager refuses refund.need advice!

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nina

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On 7/11/11, I bought a dress in Debenhams in the Quays shopping centre in Newry for £100. I bought it for the purpose of wearing it to a wedding on 11/11/11. On the day of the wedding I had the dress on and I was ready to go out the door of the hotel when my husband spotted a security tag hanging from it that was not removed at the time of purchase.
I was extremely annoyed but I could do nothing about it that day. I had to wear another dress to the wedding.
On 19/11/11, I went to return the dress to Debenhams. I had the receipt and all the tags from the dress. On returning it, the assistant called the manager. He examined the dress and said that I could not return it as there were deodorant stains on it. I explained that I had put it on as I had every intention of wearing it until I discovered the security tag. He still refused to refund me. I stated that I felt I was intitled to a refund or credit note as it was due to the fault of the store that I was unable to wear the dress and it therefore was not fit for the intended purpose. I felt that the manager was very rude to me and I was reduced to tears. Eventually, he said that he would give it to me at sale price and I got a 40% reduction. Because I was so upset, I didn’t want to argue anymore so I got the tag removed and left with the dress.
This, unfortunately, is not what I wanted. I now have a dress that I have paid £60 for that I don’t need or want. I also paid for parking to return the dress and money on petrol on the 70km round trip journey. I strongly believe that I should get a refund as this was totally an error on the stores part.
I don’t know where to go from here though as I can’t write a letter of complaint to the manager, as he was the one that I was dealing with. I would appreciate any ideas or opinions on this matter, even negative ones if you think I’m seeing this in the wrong light!!!
Thanking you.
 
nina said:

I don’t know where to go from here though as I can’t write a letter of complaint to the manager, as he was the one that I was dealing with.
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I dont see why not, write your letter, be professional and not emotional, follow the advice stated on the Consumerconnect website. Keep any contact records, documentation, etc.

If the shop has a head office address them about the manager's conduct, the security tag etc.

I see people contacting Tina Lenoard on TV progs and helping with consumer complaints.

Personally if i purchased a dress for a wedding and found the security tag on the dress I have to say my day would be ruined.

I had a situation before with manager of Tesco (basically she was a blank wall, dismissed me from the counter over an overcharge) and emailed head office, next morning a full apology, I was in the right, giftcard of €10 arrived and as I was so disgusted with the local store I wrote to the manager of the local store and received €40 of a giftcard.
 
Thanks for that. Like your experience, this man was plain rude and almost laughed at me. I found the way that I was treated more annoying than anything. I didn't get his name though as he had no name tag on. I'm sure I could check out and find Debenham's main office and contact them. Thanks for that.
 
The basics of consumer law give three remedies where goods are faulty - repair, replacement, or refund. In general, it is for the seller to choose between them. By removing the security tag, Debenham's effectively made a proper repair.

I imagine that you did not make it clear when buying the dress that it was intended to be worn on a particular day, and that you didn't want it for anything else, so your disappointment would carry no weight if you went to law about it. Further, even if you had made it clear, you might not do well in a court of law, because a judge might have been persuaded that you had some responsibility to check it before the big day.
 
Thanks again Sandals,
Following your advice, i looked up their website and contacted customer service at headquarters. They have already stated that the way in which I was treated was totally unacceptable and he is going to contact the manager and phone me back today with an offer of resolution. I'll keep you posted!!
 
Same thing happened to me in Dunnes with a pair of trousers I bought for an event. I had to wear other ones instead. I went back to Dunnes and they apologised and gave me a full refund.

I think you have been very badly treat Nina and should get full refund.

PadraigB, why would she say when purchasing the dress what she intended it for? How many people do that when they go shopping. I certainly don't. I shop, I try on and I purchase. That's got nothing to do with the fact that she was unable to wear it on the day she bought it for.
 
Scotsgirl said:
... PadraigB, why would she say when purchasing the dress what she intended it for? ...
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It's to do with the essence of a contract. In general, garments are purchased with the intention that they be used on a number of occasions (exceptions that spring to mind are wedding dresses and shrouds). Unless it has been made clear to a retailer that it is essential that the garment be ready for use on a particular date, it is difficult to repudiate a contract.

So far as the retailer was concerned, she bought a dress for general use, and the fact that she was unable to use it on a particular day was an inconvenience for which she is being compensated by getting a 40% discount.
 
Padraigb said:
Igarments are purchased with the intention that they be used on a number of occasions (exceptions that spring to mind are wedding dresses and shrouds). .
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I believe that the retailers of shrouds have very happy customers. Well, at least, none of them ever complains.

Brendan
 
I think their only obligation would have been to remove the tag. Anything else (such as the discount you got) would have been good will. You'll have other weddings to go to, surely?
 
I wonder (being devils advocate) would it hold water, that the item purchased was not in a condition to be used ie. not fit for its intended purpose (as OP stated), and therefore the purchaser is entitled to a full refund.

This is based on that any "fault" that surfaces within 6 months of purchase, then is deemed to have been a manufacturing fault and so it ensues that the buyer is due a full refund.

I understand that a security tag mistakenly left in place is not a fault per say, but nevertheless, as a consumer I would imagine that it is reasonable to assume that after paying for an item all such tags are removed.

Just my twopence worth......
 
Complainer said:
She could probably have brought it into any Debenhams branch to get the yoke removed.
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Of course she could have, but that does not detract from what happened.

Look I'm just acting the Mick here, but I know that if the same happened to Mrs Sparkrite all hell would break out.

But to be fair if I bought an item and 2days/weeks/months later I went to use it and found because of some oversight on the retailers part it was unusable then I would be a bit peeved as well.
 
I think the issue here though is that the dress wasn't returned in the condition it left the shop. it had deodorant stains. In fairness to the manager he had to make a call on whether the dress was worn or not. In his judgement it obviously was so I think the resolution offered was fair although I can understand how mad you were.

I'm surprised though you didn't notice the tag when you put the dress on, those tags are heavy!
 
irishmoss said:
I think the issue here though is that the dress wasn't returned in the condition it left the shop.
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I remember years ago I brought back VHS tapes to Argos under their "No quibble" guarantee because of dropouts.

They argued that it had been "used" I argued that had it not how was I to know that it was below par????

They said "How can we resell it now that it has been used?".
I said "You shouldn't be selling them is the first place".

Anyway, to make a long story more boring , they eventually gave me a refund (so much for "no quibble") but my point being that is can be perceivable that the OP did not notice the security tag until the dress was worn.

Which is what the item was intended for.
 
It happened to me twice. Once was a swinsuit and I only noticed when I was packing. A brother, a hammer and a pair of pliers sorted that one for me.

Next time it happened with a pair of sunglasses and as I noticed in the car I went straight back to the shop. I was made to feel like a shop lifter.

Seems people buy one item and nick the same item and then ask the shop to take the yoke off the nicked pair.
 
SparkRite said:
I wonder (being devils advocate) would it hold water, that the item purchased was not in a condition to be used ie. not fit for its intended purpose (as OP stated), and therefore the purchaser is entitled to a full refund....
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I don't think it would hold water.

It's pushing definitions to say that the dress was "not fit for purpose" in the sense that the courts would use the phrase. There was a problem with it. The seller has the general right to choose what remedy to apply, and chose one.
 
It happened to me too in Esprit but I'm wondering now though how the alarm didn't go off at the door? Can't remember if it went off going back in.
 
Hi Nina,

That particular shop obviously have a track ercord in leaving the tags on. It has happened my mum twice now (both times in the newry store). She didnt want to return the items on either occassion but did want an apology which was not particularly forthcoming (she lives in the country and getting to a store was not easy). Incredibly poor customer service.
 
I don't think you have much recourse here as you have accepted the price reduction he has offered you and taken the money, meaning that you have accepted the "deal". This does not excuse the poor/lack of customer service though.
 
This has happened to me a few times and its incredibly annoying. It always seems to be some store that's inconvenient to get to too!

I remember it happening with BT and for some reason I thought their store in Dundrum would deal with it but no - I had to make my way into the city, park, show all the paperwork etc. I couldn't use it for the function I wanted it for but was so mad and afraid I'd lose my temper that I didn't even complain or seek redress.
 
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