Ann Taylor Changes Terms Of Sale After Purchase?
Update: Several readers have pointed out that Ann Taylor's return policy says items with prices ending in .44 or .88 are automatically deemed "Final Sale" items. Colleen is stuck with four extra dresses because Ann Taylor marked the items "Final Sale." The problem is, they did this after she ordered and paid for them. As she notes in her email below, she has proof on her order confirmation that the dresses were not marked "Final Sale" when she bought them. She also has previous order confirmations where items have been clearly marked "Final Sale." Now she wants to know how to get Ann Taylor to do the right thing.
I read your site often, and I now have a situation of my own that I would like to share with you. I am hoping that you might be able to help me or provide some guidance as to how I should proceed.
I ordered eight bridesmaid dresses from Ann Taylor on November 2. The dresses were on sale for $69.44. Even though I only needed four dresses, I decided to order eight after checking the return policy, which stated that I could return the unworn merchandise for 90 days. I did this so my bridesmaids could try on the extra dresses to ensure that they ended up with one that was the right size, and I planned to send the ones that did not fit back to the store. Like many women, I often order two sizes when I am buying clothes online, and send the wrong size back. This is not an unusual practice.
Two days later, I checked Ann Taylor's site out of curiosity to see if the dresses were still on sale. They were, but the site indicated that they were marked "Final Sale." The price was the same. I was very relieved that I had the opportunity to buy all 8 before they went on Final Sale. I double checked my confirmation to ensure that I had not
purchased the Final Sale dresses, and I had not.Today, I got home and opened the box of dresses. The printed receipt indicates that the dresses were Final Sale and therefore cannot be returned. This leaves me with four extra bridesmaid dresses that I am now apparently unable to return. I called Ann Taylor to explain the situation and they told me that there was nothing they could do, even though my confirmation clearly indicated that the dresses were not final sale when I purchased them. The customer service representative, Carolyn, and her supervisor, Connie, continuously stated that the dresses were always Final Sale at the price of $69.44. This may have been the case internally, but the external website available to the customer did NOT indicate anything about final sale until at least November 4. As an aside, I have copies of past confirmations from orders in which I purchased a final sale product, and both the website
and confirmations clearly indicate that. So it's not that company policy is not to mention that on the confirmation, they do and I have proof. Connie eventually told me to email the customer relations address tomorrow, which I'm sure will get me nowhere.I am very upset right now about this situation. I am actually a very loyal Ann Taylor customer! I spend a lot of money there each month, and have never had any issues with their customer service. I cannot believe, in this economy, that they would do this to any customer, much less a good one. Ann Taylor changed the terms of the purchase (adding the designation of Final Sale and therefore getting rid of my ability to return the item) after it was sold, which cannot be legal.
There's always a chargeback, but since you enjoy shopping at Ann Taylor, it would be nice if you could get them to honor their return policy so that you don't have to escalate it to that level.
Instead of dealing with phone support, consider writing a concise, clear letter explaining the problem, and showing the proof you have of past "Final Sale" notifications. In addition to the details of the situation, let them know the kind of loyal customer you've been, both in financial terms and word-of-mouth advertising.
Instead of sending it to the customer service address in Utah, however, try sending it to the executives at the corporate office in New York City.
We'll include both addresses, just in case you feel like blanketing everyone at once.
Ann Taylor Customer Service
100 Ann Taylor Drive
P.O. Box 571650
Taylorsville, UT 84157-1650
fax: 1-866-232-9266
Ann Taylor Corporate Info
Kay Krill - President & Chief Executive Officer
Michael J. Nicholson - Executive Vice President, Chief Financial Officer and Treasurer
Barbara Eisenberg - Executive Vice President, General Counsel & Corporate Secretary
Christine M. Beauchamp - President, Ann Taylor Stores
Brian Lynch - President of Corporate Operations
Ann Taylor Corporate Offices
7 Times Sq # 14
New York, NY 10036
(212) 541-3200?
(212) 719-0120?
(you can also try these two numbers: 212-541-3300 / 800-677-6788)
(Photo: Marcin Wichary)
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Comments:
They weren't fitted. She ordered them off the internet. The reason she got 8 instead of 4 was to make sure all her bridesmaids could fit in a dress.
@dragonfire81: Not at Ann Taylor - I did what the OP did - bought several dresses when I was a bridesmaid and returned the ones that I didn't like - that really is totally normal with mail order items (which they often don't have in smaller stores).
Anyway, I'd follow the Consumerist advice and write AT a letter - include a copy of your order confirmation NOT showing the final sale info, as well as possibly another older receipt you may have showing final sale, so they can see the difference. IF that doesn't work, then by all means chargeback, and let your state's attorney general know - final sale items have to be clearly marked and it sounds like AT definitely didn't inform you of the return policy at the time of sale... Little too late to tell you after the sale!
@dragonfire81: I'm thinking, no, not at Ann Taylor. It's not a traditional bridal store, you'd have to go to a tailor to get them fitted after purchase.
I just got an order from Ann Taylor and saw their new final sale policy; on my invoice, I believe it actually says "items marked 'Final Sale' or ending in .44 or .88" aren't returnable.
I think they've only recently gotten around to posting the "Final Sale" disclaimer on the relevant items on the website, as I'm pretty sure I didn't see any disclaimers there when I placed my order (none of my items ended up falling into the unreturnable category, fortunately for me). My guess is that the OP's order made it in just before such info was posted on the website, and it's quite likely she's not the only one. If so, hopefully corporate will be familiar with this timing glitch and will take the refunds in stride.
@floraposte: This return policy is clearly stated in their Customer Service section of the webpage. All items ending in .44 or .88 are deemed Final Sale (even if the item does not explicitly state "Final Sale," and therefore not returnable. Seems like she read the first two sentences of the policy and then just stopped.
If it sounds too good to be true, it probably is.
According to snopes: Ann Taylor and a bunch of other retailers are closing up shop.
@DeafChick: Did you even read your own link? "The Ann Taylor women's apparel chain plans to close 117 struggling stores by the end of 2011." I cannot quickly get a full count, but there are 10 within 35 miles of my zip code in MD according to their website, and I know they're also in CT so I will assume some are in between. So 117 (over 2 years) does not mean they are "closing up shop."
However, I do agree with the snopes.com comment about not giving gift cards. They are among the first things to get wiped when filing bankruptcy.
@ToniRockyhorror: There seems to be a lot of consumer issues on here lately that really aren't scandal/unfair/unethical/etc. Considering that the information isn't hard to find
"All items ending in .44 or .88 are deemed Final Sale (even if the item does not explicitly state "Final Sale," and therefore not returnable"
I'm guessing someone isn't checking facts prior to posting consumer "issues."
I just did a quick check on web.archive.org showing January 2008's cache of the Ann Taylor return page: [web.archive.org]
The wording for returns is exactly the same.
The Ann Taylor return policy from their website: http://www.anntaylor.com/custserv/custserv.jsp?pageName=Return
RETURN PRACTICE
We will accept your return or exchange of unworn, unwashed merchandise by mail. Unwashed, unworn merchandise can also be returned or exchanged at any Ann Taylor location with the exception of select merchandise explicitly noted below.*
We will credit you for returns accompanied by an original receipt made within 90 days of the purchase for the price paid either in the original form of payment or as a merchandise exchange.
Returns accompanied by an original receipt made more than 90 days after the purchase will be credited for the price paid either in the form of a merchandise credit** or as a merchandise exchange.
Purchases of reduced price merchandise that have the words 'Final Sale' in the description, and/or a .44 or .88 price ending, are deemed Final Sale and may not be returned or exchanged.
We will credit you for returns without an original receipt in the form of a merchandise credit for the item's current selling price on the date of the return. Merchandise without an original receipt with a selling price on the date of the return that is deemed Final Sale may not be returned or exchanged.
*Does not include Ann Taylor LOFT or Ann Taylor Factory Stores.
**A merchandise credit for online returns will be issued by e-mail as an E-Gift Certificate. A valid email address must be provided.
Considering that they're in the process of massive layoffs and restructuring in the Corporate Offices in NYC odds are they really won't take much notice of your written requests. We're talking about a situation where they're telling people in the morning that they have a couple of hours to pack up their things and hit the road.
My advice is to just do the charge back. It's not like they're going to refuse your business after that or act like a restaurant and spit in your food after complaining.
@HIV 2 Elway Resurrected: I'm pretty sure this sort of thing is accounted for in most internet operations. See also Zappos' incredibly generous return policy.
Re: the policy that items ending in .44 or .88 are automatically "Final Sale."
Bullshit. If the item is final sale, say so on the page where it's for sale. If you have to use a numerical code, found on a different page, you are clearly trying to hide the fact that it is nonreturnable in a business where a lot of returns are normally made.
Maybe Ann Taylor is legally in the right, but they sure as hell are less than up-front about what is or is not final sale. If you're going to try to trick your paying customers out of money, then fuck you.
I've had good customer service experiences with Ann Taylor in the past, so I hope they'll take care of you when you email them. another option would be to take the dresses to a brick-&-mortar store (if there's one near you that carries the 'Celebrations' line, which I'm assuming the dresses were from) & see if you can return them there. a coworker was recently able to return a "final sale" J. Crew dress purchased online when she went to the shop in person; sometimes it won't be an issue at all if they still have the item in their inventory.
the bottom line is that they should honor this, especially since you're still purchasing four pricey dresses from them & that business should be worth something.
finally, I'd just like to add that my bridesmaid dresses were from Ann Taylor, & I'm glad I already got married because they've totally discontinued all of their green non-flower-girl dresses! so just be glad that at least you got the color you wanted, & didn't have to suddenly find prepubescent bridesmaids...
@tc4b: The "numerical code" your talking about is on the page in Customer Service called Returns & Exchanges and is boldly printed in the first section. It is clearly not hidden away somewhere. A person should read the terms and conditions of a sale before making a purchase.
@HIV 2 Elway Resurrected: I would usually agree, but in this type of case it is the standard and the Ann Taylor sales people encourage this - Keep in mind that many Ann Taylor stores do not carry these dresses, and instead of buying 1 and returning it, then buying another, and returning it, then another,,,.... you can save time & shipping by buying several, then just making 1 return. It's not as if the dresses are being worn, and then returned - that would be scummy....
@Ecks: Not sure about the OP, but when I ordered several Ann Taylor bridesmaids dresses AT offered free return shipping - this is precisely why I earlier commented that AT encourages you to buy several, try them on, keep the ones that fit, and return the ones that don't. It's standard practice for this type of thing, encouraged by the stores, so people need to quit ragging on the OP for buying something with the intent to return.
@ToniRockyhorror: I would have to agree. If you plan on buying with the sole intention of returning, then it's probably in your best interest to read the "Returns and Exchanges" section of the site. In fact, virtually every online store I buy from has their sales terms on a different, dedicated page.
@Ecks: Well if the business is so worried about it, they wouldn't allow returns at all, and wouldn't offer to pay for return shipping.
@sodomanaz: Hmm. I was actually referring to the caveat being on the listing for the item itself, but when I look through the Wayback Machine for item pages (good thought there, s.) I see that the warning was even displayed on the item pages themselves back in January.
[www.anntaylor.com]
So I'm clearly misremembering or getting AT confused with Ann Taylor Loft.
@HIV 2 Elway Resurrected: Not in apparel--the industry depends on 'em. Sometimes the cost is absorbed through shipping and handling, sometimes through increased good will, sometimes just with the lower operations cost of warehousing merchandise vs. operating brick and mortar facilities.
@tc4b: I guess I'm on the fence on this issue. On the one hand I think its scummy they don't have anything saying final sale on each items page.
On the other hand If I knew I would be returning something, or buying something expensive that has even a slight chance of not fitting I would look at the return and exchanges section.
So basically everyone is wrong ;)
@Ecks: uhhh most places that sell on the internet price in the cost of a certain percentage of returns, especially apparel sites.
It is expected that some clothes will comeback considering you can't try them on. These return costs are still the fraction of the cost that would be incurred from opening a Brick and Mortar Store, so no need to weep for them.
@Tmoney02: That's where I was standing, and then I saw that the cached page from January did indeed include "Final Sale" on the items themselves, so I think that's been in place for awhile.
@ToniRockyhorror: Be upfront with your customers and mark items FINAL SALE on the page where they are for sale. That's all I'm saying.
@HIV 2 Elway Resurrected: Whenever I order clothes from a website or catalog, I virtually always order multiple sizes of everything and return the stuff that doesn't fit. If I couldn't do that, I wouldn't order any clothes at all.
@HIV 2 Elway Resurrected: Totally right... if there ever was a turnoff, it is when you are in a date or something along those lines and you can still see the tag affixed to the clothing of the girl you are with... Cheapo Chick!!!
I don't have a lot of sympathy for her as she readily admits she bought four dresses she had no intention of keeping. However, I see no basis for Ann Taylor to change the terms of the deal after the deal was done. Hopefully someone at the retailer will come to their senses and set everything right.
And I also hope that "the victim" will learn a lesson and will only buy what she wants without taking advantage of liberal return policies. She's only hurting the rest of us who have legitimate reasons to return faulty merchandise.
@GMFish: But that is what Ann Taylor recommends to do when it comes to their bridesmaids dresses, since they aren't available in store: Buy extras and return the ones that don't fit.
@GMFish: Did you read the article? She bought 2 sizes of each dress with the intention of keeping the ones that fit her bridesmaids. This is NOT "retail renting." If she'd only ordered one size, and it hadn't fit, she'd have to return it anyway and maybe even reorder another size and go through the cycle again.
@GMFish: The terms weren't changed. The OP "accidentally" left out anything that doesn't paint her as a victim in her write-up.
The policy was in place even in 2007 (between class boredom with the WayBack Machine!).
I even spent time making a cart and seeing how easy it was to miss their terms when making an account: Unless you absolutely don't care about policies, you can't miss the links.
Heck, even their shortened policy writeup tells you in larger font and bold to see their full policy for returns, which isn't exactly a huge write up.
The Consumerist needs to omit that part stating a change in policy came about afterward since there is no basis for it other than the OP not reading the policy or neglecting to mention it in her writeup.
@HIV 2 Elway Resurrected: If women's sizes were consistent from brand to brand, or even from item to item within the same brand (I have trousers in three different sizes, from one single store, and all fit equally well; this is not uncommon) then perhaps this wouldn't have to be the dominant mode of online shopping.
However, it is, and so women will only buy clothes online when "try multiple sizes and return the ones that don't fit" is a viable option.
If "final sale" is stated only on a policy page and not on the individual item (or even the labeled "sale"/"clearance" section), that's still shady...
I once ordered shoes from Piperlime that I knew were final sale, ended up not liking, but decided to try to return anyway. I know, bad consumer. *cough* I didn't call - just shipped them back and crossed my fingers. They processed it and I was happy that I didn't have to eat the whole cost of an impulse mistake buy. It wasn't anywhere near $70 x 4 though.
@tundey: I don't think it could be more clear than "ending in $.44 or .88". If a customer isn't able to understand that, it's not the stores fault.
@GMFish: you're an idiot. Did you not read or understand that apparel retailers online always encourage this type of purchasing? It's industry standard, not just Ann Taylor. Keep in mind that many store locations do not carry everything available at that retailer's online store, so instead of buying 1 and returning it, then buying another, and returning it, then another, you will save time & shipping costs by buying several, then just making 1 timely return.
There's no indication that OP intended to 'rent' any merchandise. That would be inappropriate and unethical, terms that best fit Ann Taylor's response to OP's situation.
That .44 and .88 rule has been in effect for at least six months now...if she really shops at Ann Taylor so often I find it surprising she wouldn't know that.
Also, as a retail slave, (including Ann Taylor for four years!) I can tell you that the "I spend TONS OF MONEY here," approach doesn't do much to get you what you want. If she goes into a store and approaches it from that angle, it will probably only set the manager on edge.
Ann has really cracked down on their return policy starting in, I think, August? People abuse the system (I'm not saying she did, but people do) and especially in these tough economic times they can't afford to be too accommodating.
Also, the "Ann Taylor is going out of business" rumor has been around for about ten years now. They might file for bankruptcy or fire half the home office staff, but they've been around forever, I doubt they'll shut their doors.
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Aren't most fitted dresses for weddings and such "Final sale"?