HMV Return

TjW

A week ago, I bought NOW That's What I Call A Music Quiz, DVD Game from HMV.
However, it won't work properly in my DVD player. It keeps freezing up and crashing.
Unfortunately, I lost the receipt and when I went back to exchange, I was refused in a very rude manner by the member of staff. She told me no receipt, no exchange. I was always led to believe that it didn't matter if you had a receipt for exchanging.
I have e-mailed HMV to complain but wondered if there is anything else I can do or am I stuck with this disc.
I hope someone can provide any information as I'm still shaking from the way she belittled me in front of a queue of people :mad:

smcaul

There is no requirement to produce a receipt if the goods are faulty - but they may ask for proof of purchase, this could be a copy of the credit/bank card statement if purchased on that, or even if you were with a friend - they could be your proof of purchase. I would remind the sales assitant of it and the store manager.

damo101

If they insist on proof, you could always ask them to check their till receipt rolls if you know what time you bought it - i'm sure they'd prefer to give an exchange/refund rather than having to trawl thru all the rolls from that day!

hollydays

Sorry they treated you so badly,theres no excuse.Music shops get a lot of young kids trying it on.Legally you need some proof of purchase-you could have bought it from a 2nd hand shop for £3-they dont know.I believe this would have to be a document other than a receipt-not a friends word as stated by someone else.The onus is on you to provide this,as the law is on their side.There is no way they will check the till rolls

smcaul

Taken from the DTI site

Q7. Do I have to produce a receipt to claim my rights?

No. In fact the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc., and this should be sufficient.

So you do not actually have to supply proof of purchase - however, it may be difficult to prove how you got it without any (in some form or another)

hollydays

That is only relevant where the trader did not give you a receipt-they obviously did.That is broad advice.Sounds like you got a snotty assistant,try going backagain and speak to a manager-customer service might win the day.You have to appeal to someone on the grounds of fairness.This is of no concellation to you,but the reason retailers have had to toughen up on this,was because of large numbers of thieves who steal, then damage goods and return them, demanding their "rights"- its the honest customers who suffer.You could ring up Traing Standards-they will tell you you need some proof.

smcaul

hollydays wrote:

That is only relevant where the trader did not give you a receipt-they obviously did.That is broad advice.

No it's not - regardless of if the op has a receipt or not they do not need to show it if the goods are faulty - this is because there is no requirement for the retailer to issue a receipt, therefore no need for the customer to produce one. What happens if the receipt is lost? Please check your facts before flaming my posts.

smcaul

hollydays wrote:

I believe this would have to be a document other than a receipt-not a friends word as stated by someone else.

Right, please check your facts before implying my comments are in-correct. You do not need to provide a receipt if the items are faulty - Fact. If the retailer then still refused you would have to take them to court, the Judge in that court may ask you to provide proof of purchase, this could be documentry evidence (receipt, Credit/Bank card statements etc) or could even be the word of someone who was with you at the time. To save all that hassle it may be in your interests to supply that proof to the retailer before it ever went as far as court. Hope this helps the OP out.

Katrina-trying_to_save!?!

if people do have receipts it does not show when it was purchased therefore is still under warrenty?

why people bin receipts i dont know. if someone comes to me and says this lawnmower is faulty then unless they have a receipt to say when thy bought ot we dont have to give them a refund? this is our own brand. if its a branded item like flymo if they have a receipt and its within 28days we change it for a new one,after that they need to contact flymo!

smcaul

As the OP wanted to exchange FAULTY goods there is no need for a receipt - In fact if the OP had wanted a refund on the FAULTY goods they would be entitled to it even without a receipt. As for people bringing lawnmowers back to you - You are not required to give them a refund unless you cannot provide a replacement or a repair witout substantial inconvienence being caused to the purchaser - as for directing them to Flymo after 28 days, the customer does not actually have to deal with them as the contract is between the customer and the retailer - not the manufacturer, so in fact they can make you sort the problems out.

Darksun

Katrina-trying_to_save!?! wrote:

why people bin receipts i dont know. if someone comes to me and says this lawnmower is faulty then unless they have a receipt to say when thy bought ot we dont have to give them a refund?

Well, as someone said a Bank/Credit Card statement could constitute proof of purchase.

this is our own brand. if its a branded item like flymo if they have a receipt and its within 28days we change it for a new one,after that they need to contact flymo!

Actually, it's up to the retailer to handle issues under the Sale of Goods act.