Faulty Toy-refund rights?

lindacporter

3 days ago I bought my son a metal toy gun, it was only £4.25, but I expected it to be ok. The same day it broke into 3 pieces. The metal shattered and he wasnt abusing it or mis-using it.
I took it back to the shop today to ask for a refund. (A small privately owned shop)
I was told the owners were on a 2 week holiday, and the lady looking after the store couldnt help me, but she said she knows they dont give refunds, only exchanges. I said I didnt want another as poor quality etc and wanted my money back. (I have receipts.)
I was told I could either have a replacement or nothing, but nothing until the owners return from holiday.
Is this allowed? I thought I woule be entitled to a refund as the gun was faulty and bought just a few days ago, and I still had the original packaging and receipts, she says I not entiltied to anything other than exchange, and I must come back in two weeks if I want the exhange...
Thanks

view

Hi, if your son enjoyed playing with it, why not just swap for a replacement?

pinkshoes

I would also go for a replacement, and if he breaks it again, take it back and get ANOTHER. IF that breaks, hopefully the shop keeper will be back by then, so they can see it's a product fault, and issue a refund.

lindacporter

thanks for replies to date, the problem being I cant even get an exchange for 2 weeks until shop-owner returns. My son did like the gun, but was understandably upset when after just a few hours it fell apart. As I feel it's just poor quality, I'd rather get him another, better-one else-where, but would like to know where I stand on getting a refund for the broken one.

sporedude

Probably better waiting for the owners to return if its a private run business.

zootscoot

You can get a refund. It is not of satisfactory quality and you are entitled to reject the goods as it is in breach of s.14 of the Sale of Goods Act 1979. If you go for a replacement you may lose your right to reject.

See here for more info on the Sale of Goods Act:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

Don't be fobbed off by the fact that the owners are away for two weeks. The person has obviously been left in charge so would be given authority for the day to day transactions.

hayley11

I think I would want a refund too, if the quality is very poor, your child could hurt himself on one of the pieces if the replacement broke.

And as zootscoot says, you are entitled to a refund, no matter what their own policy is.

Some shops think that if they say "we don't offer refunds" then they are above statutory laws but they're not.

sporedude

If it says "Made in China" on the side what do you expect for 4 quid?