Help needed!

Naomi1987

In August my sons grandfather purchased a Lexitab Tablet for his birthday. When I took it out the box I noticed it didn't power up without being plugged into the mains at all. It would also freeze and the screens lighting was poor. After about a week of 'giving it a try' I decided to ask his granddad to take it back and swap it for a new one, as I was having to sit and supervise my son with it as it was plugged into the mains. I never removed the plastic protectors from it and it was surrounded by a rubber case.

His grandfather who lives in another town picked it up a couple of weeks later to return it. This was before the 28 days but I am not sure if he returned it within then, or slightly over. Anyway, Toys R Us refused to exchange it and sent it away to the manufacturer. This week he got it back and the manufacturer said "it must have been dropped". So there is no replacement. I am absolutely fuming as I know it was never dropped or damaged as I supervised my son at ALL times due to the fact it was plugged in to the mains and I knew I might have to return it.

The internet is littered with negative feedback on these tablets, even on the Toys R Us page. Saying how the tablets had the same fault, among other things, and if they managed to get a replacement they died shortly after again. There are many complaints of receiving the same excuses from the company in France despite knowing it was faulty when they first got it.

I feel they took advantage of an elderly man who wasn't up to scratch on his consumer rights. Surely, if it wasn't working when it was first purchased, they should have replaced it? I am expecting a call back from customer services as I said I will be coming into the store in Cambridge (a different one from where it was purchased but they said it didn't matter) to talk to someone and if its not replaced, I feel like standing there warning every person not to buy from them as if something is faulty they wont replace it. I mean, this company has hundreds of people saying they have claimed faults that they insist never were caused by them.

I am fuming as I know it wasn't working properly when I purchased it. What rights do I have? Now the manufacturer have said it was dropped (couldn't it have been damaged in the post going over to France?!!) how can I fight my corner? Do they offer an independent review?

Thanks in advance for your help

JJ_Egan

If it was faulty as you say when purchased why was it not returned their and then ??
As its under six months old claim SOGA its basically up to them to prove you damaged it .

Naomi1987

When I first took it out the box and it wouldn't turn on without being plugged in, I thought maybe it was because it needed to be charged up fully then worn down, like the instructions recommended. I soon realised it wasn't and notified his grandparents who had the receipt. They don't live near me so and where on holiday, and when they came back they collected it and returned it as toys r us said they couldn't do so without the receipt. Hence why I couldn't/didn't.

Can I ask what SOGA is?
And the manufacturer says "it has been dropped" despite the plastic being on it still, and not one mark or scratch on it, no broken screen... like you would think it would be if it had been dropped. It was also in a very thick green rubber case. I know it was never dropped, I would accept it if my son had damaged it but he didn't. So how do I argue that they have it wrong? Other people online have complained of the exact same thing, being told they were to blame for tablets not powering up etc.

Thanks

Naomi1987

oooops Sales of Good Act! brain went blank then! I just have toys r us calling me back later and I don't know what to say to them. They are saying it is not their responsibility.

sheramber

I t may have been dropped but that doesn't mean you dropped it.

It could have been dropped in the warehouse, in transit to the shop or in the shop.

How can they prove you were at fault.