Returning faulty toothbrush to boots within 2 year warranty

Shenanigan

Hi everyone,

Our Sonicare toothbrush developed a fault recently and we purchased it around 1.5 years ago.

We returned it to Boots today where the manager called head office and we were subsequently told:

'we only offer a 1 year guarantee, but the manufacturer offers a 2 year guarantee, so we can only refund the money on a GiftCard.'

We agreed, because they no longer stock our model and now have a GiftCard for the items value.

We went online to Boots.com hoping to buy a new toothbrush, but it appears giftcards can't be spent online. We wanted to use the website as it sells toothbrushes with discounts that aren't available in store.

Also to note, we had our original receipt at the time, although it didn't state a payment method (as the toothbrush had actually been an exchange for another faulty product!).

I'd like to know if the original information was correct; did the money have to be refunded to a gift card, or would a refund to our debit card/ cash have been possible?

It feels a bit like we've been forced in to accepting a giftcard which needs to be spent in-store (thus getting worse value for money).

Would be grateful for any help,
cheers


update:
Quite impressed with how Boots have been. As stated by some of the comments, it appears they weren't obliged to give a full refund, but did so anyway (on a giftcard as stated).

We called a closer store today to see if the toothbrush we wanted was in stock. It wasn't, but they seemed equally baffled as to why you can't spend gift cards on the website, so we've arranged for them to order the item in. They'll honour both the online price and the 10% online discount. We're going there now to pay in store with the gift card.

Boots = 10/10

neilmcl

As part of your consumer rights you didn't have to accept a giftcard but then Boots didn't have to offer any remedy without you first proving the fault was inherent to manufacture. Having said that any cash refund they give could in theory have had a deduction based on the usage you've already had from the item, so you may no have got the amount you did anyway.

Have you spoke to the store to see if they'll match the price of the online deal?

Shenanigan

I had a feeling that their insistence on a gift card was wrong.

I'm planning on calling them first thing tomorrow. It was my girlfriend who returned it today and only just noticed the giftcard won't work online.

Do you know if we've forfeited any rights by having accepted the gift card and handed them our receipt? I'd hope not as it was due to their misinformation. I've got a good description of the store staff who was dealing with it today, so hopefully lack of receipt won't be an issue.

Thanks a lot for your reply, very helpful!

tinkerbell28

Actually boots didn't have to do anything, if you were quoting the manufacturers warranty. Your contract and claim lay with them if that is what you were claiming under, not boots.

The manufacturers warranty is totally independent from boots. They could've just referred you back to them and follow their terms.

visidigi

Shenanigan wrote: »

I had a feeling that their insistence on a gift card was wrong.

I'm planning on calling them first thing tomorrow. It was my girlfriend who returned it today and only just noticed the giftcard won't work online.

Do you know if we've forfeited any rights by having accepted the gift card and handed them our receipt? I'd hope not as it was due to their misinformation. I've got a good description of the store staff who was dealing with it today, so hopefully lack of receipt won't be an issue.

Thanks a lot for your reply, very helpful!

You've got more than you're entitled to with that gift card.

Why not order the item online to collect from store, then ask the store to apply the gift card to the order and refund the gift card amount to your card when you collect it.

If they wont then refuse the item in store - and get a full refund, nothing lost then...

Shenanigan

tinkerbell28 wrote: »

Actually boots didn't have to do anything, if you were quoting the manufacturers warranty. Your contract and claim lay with them if that is what you were claiming under, not boots.

The manufacturers warranty is totally independent from boots. They could've just referred you back to them and follow their terms.

Doesn't that contradict this:

"When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!
If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.
"

from: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

?

Shenanigan

visidigi wrote: »

You've got more than you're entitled to with that gift card.

are you referring to the depreciation pointed out by neilmcl or the point made by tinkerbell28 ?

visidigi wrote: »

Why not order the item online to collect from store, then ask the store to apply the gift card to the order and refund the gift card amount to your card when you collect it.

If they wont then refuse the item in store - and get a full refund, nothing lost then...

Main reason is a 10% online discount which im keen to get, but your suggestion is my fall-back plan.

tinkerbell28

Shenanigan wrote: »

Doesn't that contradict this:

"When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!
If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.
"

from: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

?

No.

That is talking about SOGA.

Your rights under SOGA are with the retailer. Manufacturers sometimes, as in this instance offer a warranty over and above your statutory rights.

For example a 2 year warranty without burden of proof. 5 year parts gte, etc.

This is independent of your statutory rights and you're wholly bound by the manufacturers terms if you use that.

So what you did, is ask the retailer to honour the manufacturers warranty, they didn't have to.

They could've just sent you straight away to them. If you were claiming under SOGA, but you weren't, they could've out the burden of proof onto you.

Shenanigan

@tinkerbell28
How does the EU 2 year thing fit in? Aren't Boots obliged to have a 2 year warranty because of it?

Thanks for your help (visidigi also)

tinkerbell28

Shenanigan wrote: »

@tinkerbell28
How does the EU 2 year thing fit in? Aren't Boots obliged to have a 2 year warranty because of it?

Thanks for your help (visidigi also)

No.

We've got SOGA, the EU is a directive guide. It's misleading in calling it a guarantee.

I refer you to post 2 from Neil how boots could've handled it.

Shenanigan

Ok, thanks everyone.