No refund or replacement if no packaging?

lindos90

Can I just check out your opinions on this please?

My mum bought my son a little radio control car as a gift, a few days after opening it, we noticed it started moving on its own, we tried to switch it off, but the on/off button was 'loose' and so the only way to stop it 'moving' was to take the batteries out. (We assume the frequency was the same as next doors remote or something similar.)

My Mum took it back to the shop, with the reciept, but was told that they could not refund as we had not retained all the packaging, and therefore they would not be able to get a refund from the manufacurer.

They agreed it was faulty, and that they sold the item (they still had the same in stock)

I must admit, we do tend to fold down and keep the boxes of most things of fair value, just incase so its easier to pack and return if necessary, or if we ever sell and move, but this was in one of those transparent plastic moulded packages, thats heat seeled around the edges and needs to be vertually cut up to open, producing sharp plastic edges, so we chucked it out, not thinking it would be needed, as initially it was working.

I know that if we had changed our minds about an item, that some shops will at their discretion refund, and I totally agree that in such a case that the item should be unused and in original packaging...so it can be resold, but this is different.

I understood that if returning a faulty item, which my mum had, a customer needs to produce the item and proof of purchace, is the shop totally correct to refuse to refund?

Im just not sure if this is a shop/managers policy, or something that ive completely misunderstood?

Optimist

The manager is just been a prat. You do not need the packaging however if you want a replacement just suggest they keep the packaging of the replacement. If you want a refund and they still wont tell them that you will take it up with trading standards !

hollydays

Agree with the above.The Manager IS a Prat.Take it back and tell him you are entitled to a refund under the Sale Of Goods Act,whether you have the packaging or not.

willo65

If they still playing up buy a new one and whilst at the till open and replace with faulty item, get refund.

catmiaow

I had this before and when I told him that the item has to last a sufficient amount of time by law, whether I have the packaging or not makes no difference.
I would also write to head office and make sure their managers know the law in future.

kevin01736

You are absolutely due a refund, or a replacement (your choice) - legally speaking you have bought the goods, not the packaging (they gave you that), so the packaging is not relevant.

only if you bought online and paid for post and packaging (rather than just "delivery") its a very slightly different matter as you paid for the packaging (so if you choose to keep the packaging they may choose to keep back only the money charged for the packaging materials).

Be polite tell the manager that the law says you are due a refund. If you dont get any co-operation go to head office, preferably in writing (email is fine), then trading standards if you feel it necessary.

A small claims court would find in your favour if the worst came to the worst, and award your costs.

Twerp Manager is probably protecting his bonus, or sales figures, and you will most likely find that head office disapprove of managers making up the law on an ad hoc basis and will comletely be on your side.

the nicer you are, the more likely you are to get a freebie, gizzit or voucher at the end of it to make up for your trouble. If not, what the heck.

Perhaps the manager is genuinely mistaken in his understanding of the law....

Why not mention that you are posting on MSE and if you name and shame, would the manager like to respond here, then watch them jump

(BTW im not a lawyer, im a retailer, so I have a fairly practical grasp of customers rights. Any help?)

lindos90

Thanks for all your replies, good to confirm that we should persue this.

Ive just never come across this issue before and did genuinely wonder if was a condition that I should have known about.

Will get back to my mum about this and try again.

vyle

The others have pretty much said it all.

On such a small item, I doubt there is any other course of action than a refund. I do understand about the manufacturer side argument as the manufacturer won't reimburse the shop without packaging, no matter if faulty or not, but that's neither here nor there.

Where I work, we get a huge range of returns from people who don't read the instruction manual (you'd be amazed at how lazy and stupid people can be) and because of that, we do send a lot of items back to the manufacturer to repair/replace/confirm faulty before issuing a refund.

For items that are obviously faulty and without packaging, to save time, re unbox a new item, give the customer the product from the box and pop the faulty item in the box to go to manufacturer.

If all else fails, the shop should at least do the same thing.

Paparika

Perhaps he wanted the packaging so he could sell it again!!

CLLC

Hi ,

Just to point out the sale of good act does not state that they have to give a REFUND , but they are forced to offer a replacement or store credit/vouchers.

it is up to the Assistant whether or not they want to give a refund , sadly its not your choice (unless they offer it to you ofcourse)

Also , i think the manufacturers are purposely providing that sort of packaging just so you can't take it back , highly annoying i must admit

prowla

If it's faulty - get a refund.

(If you want to take it back because you just don't want it, then the shop doesn't have to take it and/or can insist on the packaging. I think the store manager is confusing the two.)