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Faulty toy purchased from Disneyland Paris - Help!
Splats_2
Posts: 41 Forumite
Hi
I purchased a talking Woody figure (from Toy Story) from Disneyland Paris (DLP) when we were on holiday there at the end of August for my daughter. This started to malfunction, intermittently at first, now almost continuously, by squeaking as if talking very fast when the cord is pulled (and sometimes just when you pick it up). I have tried the usual things like replacing batteries to rectify this.
I contacted DLP to enquire about how to go about getting an exchange since the toy was faulty. However, DLP have told me they are unwilling to offer and exchange since I should have returned it within 30 days. This seems unfair and a very short time within which to return faulty goods.
I have spoken with the UK European Consumers Centre (http://www.ukecc.net - a very useful and helpful resource) and they informed me that under the EU Consumer Sales Directive I have a right to exchange since the goods are faulty, and that the onus is on DLP to prove the fault was not present at the time of purchase since the fault appeared within 6 months of purchase. I informed DLP of this, but they are still refusing an exchange as they say the purchase is exempt from the Directive and say they cannot help further.
The UKECC have taken up my case and they will be contacting their counterparts in France to pursue this with DLP, but I was wondering whether other people have had any joy when exchanging faulty goods from DLP or have any info on the application of the Directive or my rights here. Is my purchase covered by the Directive? I have tried looking up the Directive and my understanding of it seems to cover my situation??
Incidentally, I have spoken with my local Disney Store, and if I had purchased a similar item from them, they said they would exchange it, so it seems DLP have a different policy.
Cheers
PS - Martin - maybe a consumer rights guide to buying abroad might be useful or if one already exists - maybe a more obvious link as I could not find one. The UK ECC should also be highlighted as these seem a useful bunch and it is entirely free, associated with trading standards institute and funded by the EC.
I purchased a talking Woody figure (from Toy Story) from Disneyland Paris (DLP) when we were on holiday there at the end of August for my daughter. This started to malfunction, intermittently at first, now almost continuously, by squeaking as if talking very fast when the cord is pulled (and sometimes just when you pick it up). I have tried the usual things like replacing batteries to rectify this.
I contacted DLP to enquire about how to go about getting an exchange since the toy was faulty. However, DLP have told me they are unwilling to offer and exchange since I should have returned it within 30 days. This seems unfair and a very short time within which to return faulty goods.
I have spoken with the UK European Consumers Centre (http://www.ukecc.net - a very useful and helpful resource) and they informed me that under the EU Consumer Sales Directive I have a right to exchange since the goods are faulty, and that the onus is on DLP to prove the fault was not present at the time of purchase since the fault appeared within 6 months of purchase. I informed DLP of this, but they are still refusing an exchange as they say the purchase is exempt from the Directive and say they cannot help further.
The UKECC have taken up my case and they will be contacting their counterparts in France to pursue this with DLP, but I was wondering whether other people have had any joy when exchanging faulty goods from DLP or have any info on the application of the Directive or my rights here. Is my purchase covered by the Directive? I have tried looking up the Directive and my understanding of it seems to cover my situation??
Incidentally, I have spoken with my local Disney Store, and if I had purchased a similar item from them, they said they would exchange it, so it seems DLP have a different policy.
Cheers
PS - Martin - maybe a consumer rights guide to buying abroad might be useful or if one already exists - maybe a more obvious link as I could not find one. The UK ECC should also be highlighted as these seem a useful bunch and it is entirely free, associated with trading standards institute and funded by the EC.
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Comments
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Why wouldn't your local Disney store exchange it for you?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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Disney Stores used to exchange goods bought from DLP, but this is no longer their policy since there are many items which are different - in fact the Woody Toy bought from DLP only has about 6 phrases - the UK store version has about 30.
It would have been better value to buy one in the UK, due to DLPs over-inflated prices, but we wanted to treat out daughter who had been good and its never fun for 4 year-olds to tell them to wait 'til they get home!0 -
That's a very poor excuse. An organisation the size and depth of Disney, one would have thought that they would behave with some honour.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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That's a very poor excuse. An organisation the size and depth of Disney, one would have thought that they would behave with some honour.
I agree, but unfortunately not.
I have just received another e-mail from their customer services basically stating their goods are warranted for 30 days and no more. Basically they are saying Disney goods are only expected to last 30 days. Not a good advertisement for quality!
Surely this warranty does not preclude my statutory rights to expect goods fit for purpose. Woody still has the original batteries in him and appear to be going strong (though I have tried other new batteries to see if this was the problem).
The e-mail from Disney has also stated they will not enter into any further correspondence with me but "look forward to welcoming me back to Disneyland Paris". Hmm.....
At the end of the day, Disney seem to have missed the fact I have a very upset daughter...0 -
And they are talking out of the bottoms. The regulations are Europe wide. So, they still have to comply. I would suggest continuing with the UK European Consumers Centre, forward any communications from Disney to them.
It might also be worth writing to:
Disney Store Ltd
Guest Relations Department
Mail Code 2921
Queen Caroline Street
Hammersmith
London
W6 9PE
How did you pay for the goods?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Thanks Flyboy. I have informed DLP of the fact that the UK ECC is taking up my case & also asked them to escalate my complaint and put me in touch with senior managers.
I did pay by credit card, so I could also try the chargeback route I guess (I suspect that is where you were heading?).
I have read over the Directive several times now and though I'm no lawyer, it seems pretty clear that Disney are in the wrong here by only allowing 30 days.
I'll keep the address and see where the above get me, over the next week, but its good to have several lines to chase.0 -
How much was they toy ?
How much will postage be for you to send back ?0 -
How much was they toy ?
How much will postage be for you to send back ?
If the item is faulty, it should be for the seller to cover the costs of postage.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
^^ Plus, I would NOT trust French post to get it there safely! (I live here and they are dreadful as well as being expensive for post.)
Don't have any further advice I'm afraid but wanted to wish you luck
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