I would be interested in the Migipedia community's opinion on the following situation:
Initial situation: A 30% promotion is running for a certain article group. On the last day of the promotion, a customer buys an item of clothing marked at CHF 100 and pays CHF 70 at the checkout. At home, however, the customer realizes that he has bought the wrong size and brings the garment back to the store the next day (i.e. when the promotion expires) to exchange it. As it is an item from the current range and not a sale item, the exchange is generally possible on presentation of the receipt.
There are now two options to choose from:
A) The store takes the item of clothing back and gives the customer an item of the appropriate size.
B) As the promotion has expired, the store will refund the customer the purchase price of CHF 70. If the customer wants to take an item of the right size home, he must pay CHF 100 for it.
Question for you: what is the handling that is most comprehensible in your opinion, and for what reason?
All replies (5)
11 years ago
Hello Sirio,
I would also be interested in an expert opinion on these two options; I assume that the procedure in such cases is regulated and laid down somewhere.
In my opinion, handling B) would be more comprehensible [if perhaps not more accommodating], as it takes this principle of action more strictly into account.
Guest
11 years ago
In my opinion, choice A should apply, always assuming that there is a general right of exchange. You can't say: because today is no longer a special offer day, you now have to pay more for the new size. After all, it's an exchange and not a new purchase.
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Let's take a look at another example: On March 1, customer Migipeti bought a GAFFI HD++88 television. Today, on October 24, the TV breaks down. Migipeti therefore goes to the store and brings the appliance in for repair. It is discovered that the defect is irreparable. The warranty is still valid and Migipeti is offered a replacement set of the same type. As prices for electronic devices in Switzerland have been falling for years, the GAFFI HD++88 is cheaper today than it was on March 1. Does Migipeti therefore not only get a replacement device, but also the difference to the purchase price at the time?
No.
Why? The contractual transaction took place on March 1.
The same applies to the purchase described by Sirio: The purchase, i.e. the conclusion of the contract between buyer and seller, took place on the last day of the promotion. The buyer returns the item of clothing the next day because he realizes at home that it is the wrong size. Since an exchange is possible in principle, the garment must be returned without changing the conditions (sales price) because only then has the contract been fulfilled satisfactorily for both buyer and seller (buyer must have received the correct service [clothing size] from the seller).
Guest
11 years ago
Selection B no longer has anything to do with an exchange. As the customer receives a refund of the CHF 70 paid for the item of clothing the day before, the purchase contract has been rescinded. The customer is free to decide whether or not to buy the same item of clothing in the right size. If he does so, he is making a new purchase, i.e. a new contractual act has been entered into between the seller and the buyer, and as the promotion no longer exists, he must also pay the regular price of CHF 100.
Guest
11 years ago
Hello Sirio
As a gesture of goodwill alone, option A should be the right one. It would also be fair and feel right. On the other hand, it should be legally noted that there is no general right of exchange in general sales law. This is aggravated by the fact that the selection, or the associated wrong decision, is to be located in the buyer's area of risk. Consequently, variant B is to be considered permissible.
Due to the fact that a right of return and a right of exchange are generally customary (part of the contractual agreement between the retailer and the buyer), variant A should be applied in the present case. Provided, of course, that the right of exchange was not waived by the discount promotion (which is also common) and that it was actually granted.
11 years ago
Thank you for your comments. Mathomas' comment is very well-founded, but it has a crucial catch, which master-mind has described beautifully (I could also sign the first two sentences immediately). The train of thought would only work if the buyer had a legal right to an exchange and/or if the store was to blame for choosing the wrong size. However, neither of these is the case.
To be more specific: Migros (which does not openly give away the right of exchange for promotions in the current range) practices variant B. To be honest, I was literally left spitting in the Bern Marktgasse branch. This practice may be legally explainable, but I still can't see any real logic behind it, despite thinking about it for days. The fact that in this specific case (half of the amount listed here for illustrative purposes) it was actually a small-checked shirt is not without a certain humor.