What are your rights in this situation?

[RCSKM]

Hi there,

This is a situation that is affecting a friend. She purchased a pair of Pretty Polly tights from a New Look store. When she took the tights home and took them out of the box, there was a large ladder in them. Unfortunately, she had not kept her receipt, but she did pay for them with her debit card, so she can provide a bank statement as proof of payment.

I was with her when she attempted to exchange the tights, as we were going to have lunch afterwards. She explained the situation to the sales assistant, who consulted her manager and then told her they were unable to exchange the tights for hygiene reasons. As the tights were not fit for re-sale, we didn't understand that reasoning, and when we questioned it, the sales assistant admitted she didn't understand how the policy applied either, but that she was just repeating what her manager said. We then asked if we could speak to the manager directly, and were told that she was on the phone. We said we were willing to wait, and were told that it was likely to be a long wait.

We stuck to our guns, and waited 20 minutes before the manager came out to speak to us. She was monumentally rude. She advised us of the following:

- She was unwilling to exchange the tights, again citing hygiene reasons, but refused to provide an elaboration as to what that meant when the tights were unwearable and therefore could not be re-sold.

- When we challenged her repeated explanation of "hygiene reasons", she then said that she was also unwilling to exchange them because my friend no longer has her receipt, and therefore could have purchased them at any time within the last year that they had carried that particular brand. My friend did tell her that she could provide a bank statement - this was rejected as the manager said the statement would only say that she had bought something in the store for the same price as the tights - it wouldn't prove that the tights were what she bought.

- She said that my friend could not prove that she hadn't wore the tights and damaged them herself. The way she spoke to my friend made it clear that she felt this was the case, and only just stopped short of saying outright that my friend was lying.

At that point, my friend gave up and told the manager she would simply take the tights away with her and make an official written complaint. The manager did not give any information on how to do this, and when my friend asked the manager for her name, she refused to give it.

We were both astonished by the way we had been treated. While we were prepared for the possibility that the tights may not be exchanged because she did not have her receipt with her, the manner and attitude of the manager was really very poor. The sales assistant had really said the exact same things as the manager, but the difference in attitude was night and day.

My friend has a job that takes her overseas regularly, and since she had to leave on a business trip, she asked if I could look into how to make a complaint. I looked at New Look's website, and could find nothing at all detailing how to do so. I did find a section of the site that invited me to "Contact Us". I sent them an e-mail explaining that I wanted to know the process for making a complaint regarding one of their stores, and received a standard response e-mail saying that they would be in touch within 48 hours. This didn't happen. After four days, I sent another e-mail saying that I hadn't received an answer. This one did not receive any response at all - not even an e-mail to say they would be in touch. It has now been a week, so I assume they are not planning to get in touch.

I am unsure what to do next, and I'm frankly appalled at what New Look clearly feel is an acceptable level of customer service.

The reason I have written this situation out, is to ask if anyone knows the answers to the following questions:

- Does my friend's statutory rights entitle her to an exchange on the pair of tights?

- What can I do to find out how to make an official complaint? At this point, is their anyone above New Look's head, such as a regulating body, that my friend can contact instead?

Thank you in advance for any help or advice anyone can provide

 

[Witch consumer]

simple, under the sale of goods act the goods must be fit for purpose, obviously tights with a ladder in aren't and being a girly, I know it is very apparent whether tights have been worn or not, they can't give you any excuse for not exchanging them, you do not need a receipt, just 'proof of purchase', which the bank statement will provide but to be honest, if you pay with a card and you know the date and approximate time, it's quite easy for them to trace the purchase, also they will know exactly what was purchased.

Given all that, plus the fact that she was extremely rude, the manager hasn't really got a leg to stand on (but she could have a pair of tights to put on the leg she hasn't got)

Their returns policy is as follows - note the last line, no mention of tights!

We hope that you'll be delighted with everything you buy from us. However, we know that it might not always be the case. If you're unhappy with your New Look goods for any reason, you can return them to us in line with our Returns Policy outlined here.

If you need to return your New Look products please do remember that you have a legal obligation to take reasonable care of the products while you have them. Here are our guidelines:

•You can open the packaging to look at and try on the products as you would in our store

•Don't try on products whilst wearing strong perfume, aftershave or a deodorant that may leave a scent or marks

•Don't wear shoes outside; no scuffing should appear on the sole

•Don't remove hygiene strips from items of lingerie and swimwear

•Don't remove tags or labels

•Keep and include the original packaging with your return

Please note that pierced jewellery is entirely non-refundable for hygiene reasons.

This returns policy does not affect your statutory rights in respect of defective products.

You could always try dropping Alistair George a line, He's their Executive Chairman, perhaps he knows their complaint policy, bet he doesn't know how rude his managers are tho, or that she doesn't know the company returns policy.

Their address is:

Registered Office
New Look House
Mercery Road
Weymouth
Dorset
England

013057665000

This is also their customer service address, just one more quote I have to share with you from their annual report.

Our goal is to make our customers feel great and to deliver the best customer experience to all our customers wherever and however they shop with us

That'll be a fail then!

If you have no joy go to Trading Standards, I believe they have, or are, taking back the role from Consumer Direct now - but try all you can to get a resolution from them first.

 

[pat1234]

My daughter bought a twin buggy 6 weeks ago for one one year old and 2 year old boys the wheel keeps falling of took it back to shop who said she has abused the buggy they took it of her sent it away to be checked over and have left her with no pram she is now house bound with 2 baby's 4 to 6 week wait they were horrible to her what rights does she have to replacement while waiting

 

[Witch consumer]

Anyone would expect a buggy to last longer than 6 weeks, she needs to return to the shop to tell them she wants a replacement, if they are going to repair it they need to loan her one in the meantime.

The law is quite clear that an item purchased has to be fit for purpose, obviously this one isn't, I had a similar problem once with a buggy and when I took it back to the shop and got no joy, I phoned trading standards and stood next to the manager while he was talking to some customers, amazingly, they gave me a new one there and then.

 

[pat1234]

Anyone would expect a buggy to last longer than 6 weeks, she needs to return to the shop to tell them she wants a replacement, if they are going to repair it they need to loan her one in the meantime.

The law is quite clear that an item purchased has to be fit for purpose, obviously this one isn't, I had a similar problem once with a buggy and when I took it back to the shop and got no joy, I phoned trading standards and stood next to the manager while he was talking to some customers, amazingly, they gave me a new one there and then.

The shop are adamant my daughter abused the buggy because there was scratch marks on the wheel what a joke they wont give her a replacement the manager was horrible we feel as if are hands are tied i feel like standing out side shop for the day and stopping people from going in

 

[Witch consumer]

Perhaps a letter to their head office regarding their managers attitude may be in order.

He can be as adament as he wants, the law is the law and it is on your side.

Contact Consumer Direct then go back to see him with their advice, he can repair the buggy if he wishes but you shouldn't be expected to do without in the meantime.