Consumer Rights

gonzo10

I purchased a Deep Fat Fryer a couple of weeks and have just noticed that it has started to leak oil all over my worktop.

The shop where I brought it from have said they won't give a refund because I no longer have the box. Are they within their rights to do this?

I have checked the Trading Standards website and it doesn't mention anything about returning items in their original packaging.

trafalgar_2

http://www.number-10.gov.uk/output/Page1428.asp


The goods are faulty , they cannot refuse to take them back whether you have the packaging or not :-/

Take it back to them and you don't have to accept a repair or replacement unless you want to.

Suzy_Babe

I once had a similar problem with an item from Argos. The Store Manager was adamant that I could not have a refund, so I wrote to Head Office and they responded most favourably!

I also returned a faulty mobile 'phone to Tesco, where the Customer Services' assistant said that they would not exchange it without its original packaging. However, I had not been informed of this 'requirement' when I had made my purchase, so she relented. But who wants to hang on to a bulky box - taking up valuable space - just in case you need to return an item at some future date????

In fact, I should be interested to know the legality (or otherwise) of such a stipulation ... I am sure that someone out there can inform me.

Thanks!!!!

TigerLily_3-2

Recently I was told by a shop that I couldn't return a damaged toilet because I hadn't informed them of the fault within three days... can you imagine... they also insisted that five or six scratches on the front of the cistern (looked like it had been gone over with a knitting needle; the largest scratch was 12 inches long, the next one was 8 inches) did not constitute a fault; they finally denied supplying me a display model (when I had asked for new and paid full price) despite the fact it came in the wrong sized box, was partially assembled, and was described by the delivery driver as 'showroom model'.... unbelievable that anyone expects to get away with those kind of tactics. I'm still wrangling over it now although at least in the end they accepted it was faulty.

Shops try and pull a fast one over the Sale of Goods Act all the time. The act stipulates that the shop must offer a refund, repair or replacement within a 'reasonable' time period if the product is not 'of a satisfactory quality', 'fit for purpose' or 'as discussed' (i.e. you said you wanted a red one and they sent blue). It's a tiny bit more tricky for services but the same principles apply. It is the retailer's reponsibility to ensure that the refund / repair / replacement occurs in a reasonable time frame and without significantly inconveniencing the customer. I have never heard of any customers having to return the box too - it would be different if it was a goodwill exchange - but not if it's a faulty product. I do find it helps if you can drop the phrases above (i.e. not fit for purpose) etc into the conversation with the shop assistant, in a non-intimidating way, as at least then you sound well-informed. Finally it is worth remembering it is the responsibility of the retailer to prove it wasn't damaged when it left the store, not your responsibility to prove that it was - much as some retailers choose to ignore this!

If all else fails contact Trading Standards - they will normally ring you back within 48 hours.

Zeldazog

I seem to recall that there were some specific rules regarding faulty electrical goods. It might have changed, but it used to be something like this:

If the item develops a fault, then the retailer MUST offer to repair (or may replace) the goods, but they were not obliged to refund your money. Refunds are discretionary once the item has been in use.

Its a while back now, so apologies if I have it completely wrong, but I rang trading standards when something I'd bought developed a fault after an unreasonably short time, and the retailer wanted to send it away for repair, and I would have liked a replacement or refund. They were within their rights to do this.

As for the issue of the packaging, I would not have thought they could insist upon that if you have the original receipt.

I also seem to think, that a couple of years back, the law was changed - it used to be that only the retailer was responsible for putting right problems, as that is who your contract of sale is with, but IIRC, the original manufacturer is also responsible, so might be worth contacting them

(I bought a hand held steamer from QVC once, which after abour a month I wasn't happy with the trgger action, although arguably it wasn't strictly a fault. They pointed me in the direction of Polti UK, who sent a replacement item by courier the next day, and collected original item a few day after, no quibble.

So might be worth contacting the manufacturer if you don't get any joy from the shop.

Or, as already suggested, Trading Standards are usually very helpful

Poppy9

No you do not need the original packaging. All you need to do is prove you bought it from that store. If you have your receipt great, if not a bank statement showing switch transaction is fine. Of course if it's a shops own brand product it obvious you bought it from them. Many shops try to fob you off with gift vouchers if you do not have a receipt. You do not have to accept this if the goods are faulty and they cannot offer you a replacement. Debenhams tried this on with me a few weeks ago. Their own make trousers had a faulty popper. I did not have the receipt but they were quite new stock and I even owned up to having 20% off them on one of their mega days. They still tried to force me to have vouchers as they had no more stock. I refused and asked to see the manager. Hey presto refund onto my card. I know Tescos try this as well. M&S always offer cash if goods are faulty.