Refused refund in Debenhams

[Wullie32]

Partner bought a bedding set (duvet cover and pillowcases) in Debenhams yesterday afternoon, got it home, took it out of the packaging (which had been unsealed in store anyway to test the material), realised it was the wrong size, so we took it back to our local store (different to one it was bought in). This was within a space of around four hours, the bedding had been out of the package but not put on.

 

We were refused a refund due to the packing being unsealed due to "health and hygiene reasons", the manager maintained that it was covered in the exceptions to the returns policy, despite the returns policy clearly stating that the exception covers:

 

"Quilts, duvets, pillows and mattresses, no exchange or refund once the original packaging has been opened or damaged unless faulty."

 

Quite obviously a duvet cover/bedding set is none of the above.

 

I have raised it with head office, who predictably have repeated the manager's mantra: "I can confirm that due to health and hygiene reasons, we are unable to exchange or refund bedding sets once the packaging has been opened or damaged unless faulty."

 

There is absolutely no mention of bedding sets in the terms and conditions.

 

"Subject to exceptions, Debenhams is happy to exchange or refund your purchase within 28 days of delivery"

 

They've clearly gone against this. What are my rights and who would I complain to next if I wished to take the matter further?

 

Thanks in advance.

[BankFodder]

Hmm, - it's all very close to the edge here. Debenham's wording is clearly inadequate to their own need and clearly the purpose of their exceptions would include the bedding sets - and other linen - but on the other hand, on a strict construction of their exception, you are in the right.

 

I suppose that you will have to write to them and state your position and point out to them that they are a well-resourced company with access to the very best legal advice and that as a customer you were entitled to take their exceptions literally and that it was well within their ability to make the exception more comprehensive by including the phrase "... and other personal linen". The fact that they have not done so is a matter of their own choice or a failure on the part of their legal advisers.

 

If Debenhams still refuse to help you then your only options are either to sell the set on eBay - as New - other, or to sue them in the County Court. You have a pretty good chance of winning. Debenhams would be likely to back down before it went to court.

[rebel11]

Hi Wullie32

 

Write a Formal Letter of Complaint, mark it as such. Explain whats happened (purchase), how they have let you down (the points highlighted by Bankfodder and you have identified) and what you want them to do (refund). Explain that you will take matters further. Debenhams Executive Team are quite good.

 

Send it to:-

 

Mr Michael Sharp

Chief Executive

Debenhams

michael.sharp@debenhams.com

[Hammy1962]

'You have a pretty good chance of winning.'

 

A win in court because the other party backs down is not really a win, is it?

 

Are you sure the item is not faulty, take another look at those seams, the one over there looks like it might be coming apart.........................

 

Which means its faulty.

 

Easy

 

H

[BazzaS]

Are you sure you didn't ask a member of staff if that set would fit a bed of a certain size?

If so , and they sold you a set of the wrong size it is not fit for the purpose fur which it was sold. They cannot exclude this statutory requirement by their exception disclaimer.

 

If the error was purely yours, and the item isn't faulty : they never had a requirement to refund. They may have a policy of offering refunds, and their exclusion policy may not be fully inclusively worded, but they are likely to argue the exclusion covers "items of that general nature".

[ashmk]

I have to agree with BazzaS.

 

Ultimately the buyer is responsible for checking sizes and the store does not have to refund you if you get it wrong.

 

But, they have a policy of refunding and did not strictly mention duvet covers however I think they would argue bedding in general is covered.

 

Write them a letter, see if they offer a refund or Tweet them, that normally gets a response. If not sell it on ebay to recover most of your money.

 

I know these things can be an expensive, I paid about £80 for my last set. But worth it

[Hammy1962]

Good God, how complicated does it have to get with letters to the CEO's secretary's dad etc.

 

You can be sure it's faulty.

 

Refund on it's way.

 

H