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Old 26 January 2012, 01:03 PM
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chocolate_o_brian
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Default Retail matter - legal info?

Long story short. We bought a Tomy baby monitor from Toys'r'us in Sept. which is one bedroom monitor/nightlight and a speaker monitor for what room we're in.
Yesterday it started working sporadically, i.e. speaker stopped working but lights were fine, so it was picking up noise but not expelling it if that makes sense.
Took it back to Toys'r'us today to simply swap it for the same model. But I haven't the original sales receipt (gone awol). I tried to politely explain I just wanted it swapping and they would send back to the manufacturer (I'd do this but it would take weeks to sort).
The lady at customer services was having none and said it worked fine when they checked it in the back (away from us) and that the reciept was the guarantee. So we could not swap it for a working one. I still politely tried to explain I didn't need a receipt as I just wanted a fault item swapping for a working one... hit a brickwall.

So we left before causing an argument and incase I am wrong and do need a receipt.

Has anyone any knowledge on this I can arm myself with. The monitors are working on and off at the minute (oh also, when putting the monitor back in, she dropped it onto the table by accident so could this have buggered it up further - is on camera if it's a way to help my cause).


Before the "tight git" comments come along etc., all I want to do is swap it for a working item. I'm not trying to pull a fast one or anything, genuinely lost the reciept. All original packaging is present, even plastic wrapping etc.

Thanks,

Andy
Old 26 January 2012, 01:11 PM
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Jamz3k
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As per my face**** advice COB. As much as it seems very straightforward, you have to understand that the retailer has probably heard this same story a million times over and it will cost them to RTM the unit so they will want proof.
Old 26 January 2012, 01:18 PM
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burbs
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Having spent 8 years in retail training managers you do not need a receipt to return a faulty good, most people think you do but this is rubbish.

Some shops try and stick to this wrong perception, in this case prove it via a bank statement showing you spent the cash at that time in their shop etc. they can then chase it up on their system.

The long and short of it though is you do not require a receipt no
Old 26 January 2012, 01:19 PM
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chocolate_o_brian
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Originally Posted by Jamz3k
As per my face**** advice COB. As much as it seems very straightforward, you have to understand that the retailer has probably heard this same story a million times over and it will cost them to RTM the unit so they will want proof.
Understandable but I've thought of another point they mentioned.

I have one of those Gold Card's for collecting points. If that was scanned when I bought the monitors then that will be proof of purchase, surely? If I can find my card

Cheked my bank statements, nothing, so must have paid cash.
Old 26 January 2012, 01:22 PM
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Issue can be because the product is sold else where there is no proof it was purchased at toy r us. also need it for age relation of product for warranty.

cant really fight them, managers discretion, ask for manager and explain you have contacted watchdog / the ferret etc. that tends to get them listening. no company wants bad publicity, especially for a few quid. which wont cost them to send back faulty.

alternatively

if you paid via card get a proof of purchase from your statement, if its cash youve hit a brick wall unless toys r us keep a electronic journal of all transactions.

issue with that is pin pointing the day, and time. or close to it.

at halfords we are able to search via item code and dates, so if i sell 20 vanilla magic trees in a year i can pin point them all out etc., can even check the camera to the transaction to see if it was you.

alternative is send it off to manufacturers but they will also want pop to insure it in warranty.

hope that helps

matt
Old 26 January 2012, 01:25 PM
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SJ_Skyline
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I would ask why you need a baby monitor, if you can't hear the baby when they wake up screaming then you need a hearing test mate!

Mrs bought one when ours were little and took it back within a week - pretty much unused.
Old 26 January 2012, 03:01 PM
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chocolate_o_brian
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Originally Posted by SJ_Skyline
I would ask why you need a baby monitor, if you can't hear the baby when they wake up screaming then you need a hearing test mate!

Mrs bought one when ours were little and took it back within a week - pretty much unused.
No disrespect but that wasn't the question I was asking.

We have a baby monitor for the following reason (amongst others).

When Isaac murmours the chances are his dummy has dropped out. So if the Mrs hears said murmur then she or I can get upstairs and pop it back in before Isaac starts screaming or wakes up. Every baby is different and we find the monitors help, especially as we're in an old terrace house with actual brick walls that's very long. From the kitchen for example you can't hear a screaming baby when you're doing other jobs.

Not that I have to justify ANY of the above to you


AND, if it wasn't needed but faulty then this thread is still useful as I'd want my £35 back to spend on other "useless crap"
Old 26 January 2012, 03:16 PM
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Is this any help?

http://whatconsumer.co.uk/returning-...-faulty-goods/

http://www.uknetguide.co.uk/Shopping...ts-100164.html

Last edited by Rescue Dude; 26 January 2012 at 03:17 PM.
Old 26 January 2012, 04:29 PM
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Scooby Soon!
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the thing you need is PROOF OF PURCHASE if you can not prove you purchased it from them on a particular date for a certain price then they do not have to do anything.

I have had people waving a small cut out of a bank statement in the past and I have refused them refunds as well...
Old 26 January 2012, 04:50 PM
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Originally Posted by Scooby Soon!
the thing you need is PROOF OF PURCHASE if you can not prove you purchased it from them on a particular date for a certain price then they do not have to do anything.

I have had people waving a small cut out of a bank statement in the past and I have refused them refunds as well...
This and peoples claimed rights regarding warranty periods **** me off. They are happy to quote Domonic Littlewood but actually know **** all about what they are banging on about. The enjoyment of putting someone in their place is a warm feeling. Can't wait to remove myself from retail.
Old 26 January 2012, 07:03 PM
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David Lock
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I am 99% sure you don't need the receipt but if you want a definitive answer give trading standards a call.

Of course shops will say you do

dl
Old 26 January 2012, 07:10 PM
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You need proof of purchase which is different to a receipt. Can be anything that ties you into the sale. The loyalty card should have recorded the purchase which puts you at the POS (I mean point of Sale LOL).

Even without, many shops will swap things over and return to keep the customer happy.

Shaun
Old 26 January 2012, 07:21 PM
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Originally Posted by chocolate_o_brian
Long story short. We bought a Tomy baby monitor from Toys'r'us in Sept. which is one bedroom monitor/nightlight and a speaker monitor for what room we're in.
Yesterday it started working sporadically, i.e. speaker stopped working but lights were fine, so it was picking up noise but not expelling it if that makes sense.
Took it back to Toys'r'us today to simply swap it for the same model. But I haven't the original sales receipt (gone awol). I tried to politely explain I just wanted it swapping and they would send back to the manufacturer (I'd do this but it would take weeks to sort).
The lady at customer services was having none and said it worked fine when they checked it in the back (away from us) and that the reciept was the guarantee. So we could not swap it for a working one. I still politely tried to explain I didn't need a receipt as I just wanted a fault item swapping for a working one... hit a brickwall.

So we left before causing an argument and incase I am wrong and do need a receipt.

Has anyone any knowledge on this I can arm myself with. The monitors are working on and off at the minute (oh also, when putting the monitor back in, she dropped it onto the table by accident so could this have buggered it up further - is on camera if it's a way to help my cause).


Before the "tight git" comments come along etc., all I want to do is swap it for a working item. I'm not trying to pull a fast one or anything, genuinely lost the reciept. All original packaging is present, even plastic wrapping etc.

Thanks,

Andy
Buy an exact replacement and return the faulty unit with the new receipt.
Old 26 January 2012, 08:16 PM
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PaulC72
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Check your statatory rights & I believe you can return a faulty item without receipt for replacement but not refund.
Old 26 January 2012, 11:50 PM
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Just another thought. Do you have another Toys R Us nearby? Perhaps you could phone them and explain you have a faulty item and see what they say. Don't say anything about them returning it to the manufacturer as they might get defensive and think you are tying to be smart with them. Just calmly and politely explain the problem you are having with the item and all you would like is a (not want) is a working unit, say you can't find the receipt and as a last resort if you're getting nowhere, mention you have a loyalty card and may have used it at the time, ask if there is anyway they can check this???? You often find despite company policy, different stores will use their own discretion depending on the request and most importantly, the attitude of the customer (not that I am suggesting you weren't polite).

Failing all of that, you could contact head office customer services and see if they take pity on you, sometimes companies will bend the rules so to speak to keep customers happy. I know we regularly take faulty goods back without a receipt (maybe that is why I thought you didn't need proof of purchase originally ), but we only ever give exchanges in such circumstances, which is all you are asking for.
Old 27 January 2012, 06:44 AM
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I don't think you are being a tight git CoB, these things are a point of principle.

I've just spent three days arguing with a company over a £15 delivery charge, they relented. A £500 item fails within two months of purchase and they want me to arrange and pay for return??

A few months ago I stood arguing with a manager at Mothercare because a bought a pair of cheap jelly beach shoes for one of the kids for £5. When I got home there was only one shoe in the bag.

She was having none of it, accusing me of lying etc. No way was I going to back down. She was very rude and at the end said if I was that desperate for £5 she'd pay it just to get rid of me. At that point I burst out laughing, took the £5 and suggested she consider a career that doesn't involve customer care

If you are in the right stand your ground. Just because some people are dishonest and abuse the system doesn't mean honest customers should be punished. They should have offered to find some other way of confirming the purchase, not just fobbed you off.

Good luck

Last edited by Dingdongler; 27 January 2012 at 06:47 AM.
Old 27 January 2012, 08:14 AM
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How did you pay? If not by card, whichll give you PoP then Id probably buy new and then return the faulty item within a week for a refund. Its a broad as it is long for TRU, although theyd be pissed if they knew.
Old 27 January 2012, 08:26 AM
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If the item is exclusive to toysrus, you do not need proof of purchase as the fact that it is exclusive to them demonstrates that they retailed it, but if it is available elsewhere, they are within their rights to ask for proof of purchase. Full stop.

I know the sale of goods act like the back of my hand (did you know, for example, that any item perceived as high value/quality is covered for up to 6 years under the sale of goods act? I've had 3 replacement xbox's from Argos well outside the 12 month warranty....)

http://whatconsumer.co.uk/returning-...-faulty-goods/

Goodluck COB but without proof of purchase, I think you'll struggle.

Ps, in my experience, threatening watchdog etc just gets people's backs up, which should be the opposite of what you are trying to achieve! Being nice usually illicits a similar response..... So does being a w8nker!!!
Old 27 January 2012, 09:41 AM
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Originally Posted by RJM25R
If the item is exclusive to toysrus, you do not need proof of purchase as the fact that it is exclusive to them demonstrates that they retailed it,
tosh

Originally Posted by RJM25R
I know the sale of goods act like the back of my hand (did you know, for example, that any item perceived as high value/quality is covered for up to 6 years under the sale of goods act?

double tosh
Old 27 January 2012, 11:30 AM
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My trolling friend, even though it is incredulous for you to believe, it is indeed true.

I have worked in sales for 13 years , and having worked as a sales manager for a national furniture company for 5 of them, I have been involved in 9 court cases regarding the sale of goods act from goods we supplied. I have also taken an 18 month old tv back to Argos for a full refund as faulty with no receipt or proof of purchase (after I proved beyond doubt that it was supplied by Argos as it was their exclusive product) and as mentioned previously 3 xbox's as the first two faile due to red ring of death.....
Old 27 January 2012, 02:53 PM
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Originally Posted by RJM25R
My trolling friend, even though it is incredulous for you to believe, it is indeed true.

I have worked in sales for 13 years , and having worked as a sales manager for a national furniture company for 5 of them, I have been involved in 9 court cases regarding the sale of goods act from goods we supplied. I have also taken an 18 month old tv back to Argos for a full refund as faulty with no receipt or proof of purchase (after I proved beyond doubt that it was supplied by Argos as it was their exclusive product) and as mentioned previously 3 xbox's as the first two faile due to red ring of death.....
sounds like you are very unlucky with electronics, must be fun going to court that many times

I stand by my first tosh and double tosh and add a further triple tosh for your last statement,
Old 27 January 2012, 07:17 PM
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Originally Posted by Scooby Soon!
sounds like you are very unlucky with electronics, must be fun going to court that many times

I stand by my first tosh and double tosh and add a further triple tosh for your last statement,
I wouldn't be so quick to claim he's talking tosh. I had the very same discussion with Argos after my TV failed after 2 and a half years and they exchanged it for me. It took a bit of persuasion, but I got there in the end.

Here is some consumer advice about the point he makes:

http://whatconsumer.co.uk/how-long-should-it-last/

Last edited by Lisawrx; 27 January 2012 at 07:20 PM.
Old 27 January 2012, 09:22 PM
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RJM25R is being a little disingenuous in suggesting that anyone else could get a full refund on a telly after 18 months, the law does not support a full refund, any refund in fact, replace or repair is the nominal route.

Good on you Lisa
Old 27 January 2012, 09:34 PM
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Originally Posted by Dedrater
RJM25R is being a little disingenuous in suggesting that anyone else could get a full refund on a telly after 18 months, the law does not support a full refund, any refund in fact, replace or repair is the nominal route.

Good on you Lisa
Old 27 January 2012, 10:05 PM
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I'm with Scooby Soon! on this, complete tosh! 7 years of selling TV's and I have yet to see a single customer get a new TV outside the 1year warranty. A retailer only has to help the customer, not necessarily fix the problem. As long as the retailer can prove that they have tried their best to "help" then they are legally in the right.
Old 27 January 2012, 10:10 PM
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Originally Posted by Mouser
Buy an exact replacement and return the faulty unit with the new receipt.
Yep thats what I'd do.
Old 27 January 2012, 10:54 PM
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Simple just go & buy another set the same, wait a few days and return the faulty ones back in the new box with the new receipt!!! Don't accept a exchange as you don't have to. Take them back to a different store Job done good luck
Old 28 January 2012, 01:12 AM
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Originally Posted by Jamz3k
I'm with Scooby Soon! on this, complete tosh! 7 years of selling TV's and I have yet to see a single customer get a new TV outside the 1year warranty. A retailer only has to help the customer, not necessarily fix the problem. As long as the retailer can prove that they have tried their best to "help" then they are legally in the right.
And how would they 'help' unless they repaired or replaced the item?

You know, I too, work in retail and to be honest, it takes alot to make me complain as I know how it feels to be at the receiving end. But I knew of this 'durabilty' side of things and argued my case (politely) and after a little discussion, was offered a replacement. As it turned out, that failed and we took it back and got yet another TV. The fact I was successful isn't showing off as I could have had no joy, thankfully they saw where I was coming from and as the link I posted suggests, durability is now a factor within 'satisfactory quality' and so it should be imo. If you paid good money for a product, you would expect it to last more than a year or two. TVs and the like are not throw away items.

I would agree, as Dedrater mentioned, I'd be surprised if a full refund was given, and in my circumstances, I wouldn't have expected one, I just wanted a working TV. I can only make comment due to my experience, but maybe RJ is correct, maybe he isn't, but he assuming he's not BSing, he has had success too. Maybe customers where you work haven't been so pushy??
Old 28 January 2012, 01:30 AM
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Originally Posted by Jamz3k
I'm with Scooby Soon! on this, complete tosh! 7 years of selling TV's and I have yet to see a single customer get a new TV outside the 1year warranty. A retailer only has to help the customer, not necessarily fix the problem. As long as the retailer can prove that they have tried their best to "help" then they are legally in the right.
That is probably because non of the customers have known their rights. I have recently taken back a dishwasher to B and Q that was just over its 1 year warranty. They were adamant that there was nothing they could do. Started with the sales assistant who was clearly sheltered from statutory law, through to the department manager and ended up with the store manager all maintaining that it was not their responsibility.

Complete tosh...1/2 hour later I ended up walking away with a brand new dishwasher complete with a new 1 year 'warranty' - which is a joke in itself as all items of this nature are warranted for up to 6 years or a 'reasonable amount of time' considering what it is designed for and how much it cost.
Old 28 January 2012, 03:12 AM
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Originally Posted by Mouser
Buy an exact replacement and return the faulty unit with the new receipt.
Originally Posted by Chip
Yep thats what I'd do.
That's what I've done on many occasions, told Andy on FB the same. I've taken stuff back after several years if the same item is still available.


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