TK Maxx - no regard for consumer statutory rights

cheekydollarJ

I am well pi**ed off and am considering reporting TK maxx to trading standard. Let me know what you think of this;

About 3 weeks ago i bought some sunglasses for holiday, the first time i took them out (on the train to the airport) i found that the little screw that held the pad that rests on your nose had fallen out, but luckily was in the case - so i screwed it back in. A week later it had fallen out again but this time it was lost and so they were unwearable.

Took them into to maxx today, queud up for like 25 mins for returns, and then the guy serving me brought his manager over who said they wont take them back!!

I know that if a product is faulty then they must take them back - its our statutory right! He said they were not faulty, but damaged. I said "ok - well you sold me damaged goods then" but he was having none of it.

He said TK maxx policy is to only take back faulty goods, not damaged goods. So he was basically saying i was a liar, and that somehow I had damaged them. But it was obvious from looking at them that the screw had fallen out and nothing was broken.

We had a massive argument in the middle of the shop, it was ridiculous!

He didnt even ask how me what happened to them, ie how did the screw fall out etc. On leaving he said - at the end of the day, no money is coming out of our pocket - how bloody rude.

He gave me their custoer service number, and they are going to get an earful tomorrow.

Can anyone advise the best way to report TK maxx on this, and if it is worth it?

Thanks (was good to vent!)

dmg24

and they are going to get an earful tomorrow.

I would suggest that you will get a lot further by politely stating your case.

cheekydollarJ

Yes, i wasn't going to go of on a rant, unless they have the same attitude as this manager in store... Its just common sense

withabix

As usual, another store manager who doesn't realise who ACTUALLY pays his wages. T*t.

robpw2

its like some girl in tesco who was trying to convince the lady infront of me that her recipt wasnt enought to guarentee her the price she paid for something when she returned it 4 days later , as the vat reduction would now make it cheaper ,.

dmg24

cheekydollarJ wrote: »

Yes, i wasn't going to go of on a rant, unless they have the same attitude as this manager in store... Its just common sense

No, it's not really common sense when you state you are going to give them an earful. That would imply that you are going to have a go at them.

Coupon-mad

You are in the right OP, but do keep the higher ground by maintaining a calm polite tone even if the first person you get on the phone is as stupid as that Manager.

I have had the exact same thing happen to a pair of Sunglasses from Tesco in the Summer. They refunded me no problem (I had my receipt). They said it happens a lot with the little screws in glasses.

CRANKY40

I wear glasses. Opticians usually have a ready supply of all those little screws. I would try asking in a few if they can fix your sunglasses (usually free, but I was charged £1 once).

baddiebasher

Part 5A of the Sale of Goods Act is pretty unique in taht it reverses the onus of proof. Normally it is a cae of "he who accuses must prove". 5A reverses this. When one complains of faulty goods, it is for the seller to prove that they do conformto the contract rather than us to prove that they are faulty.

In that respect, they appear to have breached your statutory rights. They do have the right to examine goods (for how could they prove whethe or not they do conform to the contract?).

Attitude should not really come into it, but one can make it easier on oneself, and on he person to whom you are compaining to. Of course two wrongs do not make a right and a seller should not refuse your complaint on the basis o not liking your attitude.

But I am not judging.

fitzy17

I think some of the comments here are going a little over the top - there is no indication that this poster was rude to the manager in question (who has clearly made a serious mistake with this case). This board is for venting! Some posters are being a little personal.

Anyway, moving onto the actual point of this post I have had this in the past with sunglasses from Accessorize and they refunded me no problem and with an apology.

baddiebasher

I'd agree that some of the posts are a little harsh, but the OP does come across a tad "get your back up". Like I said in my post, that does not excuse the denial of statutory rights, but there is a way of dealing with people.

I am no saying that this happened in this case, but if you go storming in to a shop with all guns blazing, you are likely to meet resistance.

In all cases when complaining, I remain polite, calm, firm and clear.

I have yet to not get a refund or remedy necessary to resolve a situation by following that practice