Manufacturing fault - can I still get a refund?

naedanger

cono1717 wrote: »

If the manufacturer has said its a defect then presumably TK Maxx can claim their costs of the manufacturer.

Do you have it written down from the manufacturer them acknowledging the fault if so the law is pretty clear cut you have done your part in proving the defect is manufacturing thus TK Maxx need to refund, repair or replace (but it's their choice what they do)

To the op:

Just to add to the above

1) If TK Maxx choose to offer a refund then they would only need to offer a proportion of the original purchase price as you have already had 2 years usage from the bags. So, for example, if the items should reasonably have lasted 5 years, and TK Maxx were to offer a refund, then they would only need to offer 60%.

2) If TK Maxx refuse to offer a remedy then the method of forcing them to do so is to take them to the small claims court. (This involves some cost, which you should be able to recover if you win - although you can never be certain you will win.) Also a credible threat of court action may encourage them to pay.

midnight_express

How much did they cost ?

Sunny_Saver

£29.99 each, so say £60 total.

Sunny_Saver

Thank you everyone for taking the time to reply.
1. Yes, I have it in writing from NW and it said to send it to TKM for a refund, which I did and TKM has seen it and 'noted it'.
2. Bag 1: I contacted TKM within nine months. With the strap the way it was, my mother stopped using, so she had nine months of use.
3. Bag 2: aunty started using in October, faulty strap spotted in January,so only four months of use.

It will be difficult to prove point 3, although you can see from the handbag it's not been used much.

I guess I should write to TKM's legal department not customer service, as the latter probably do not know the law.

Suzy99

email the CEO of TKMaxx, Tweet their Twitter account. Make a comment on Facebook.

Keep on complaining about the quality, upload the photos. Ask for a refund,

esuhl

peachyprice wrote: »

I always assumed TKMaxx got the seconds and end of line stock, hence they can sell stuff so cheap.

Most of their stock is commissioned from other designers. They often take an existing product that sells well, and get the manufacturers to make them a custom version with all the expensive bells-and-whistles removed. It's risky for manufacturers if this affects their brand image...

Sunny_Saver

Wow, I didn't know that!

paddyrg

esuhl wrote: »

Most of their stock is commissioned from other designers. They often take an existing product that sells well, and get the manufacturers to make them a custom version with all the expensive bells-and-whistles removed. It's risky for manufacturers if this affects their brand image...

http://www.channel4.com/info/press/news/c4-dispatches-unwraps-concerns-about-pricing-and-labelling-at-tk-maxx for anyone interested.

LilElvis

Do you have the original purchase receipt from TK Maxx, or a bank/credit card statement showing when you bought the bags?

Without this proof TK Maxx don't have to do a thing.

Sunny_Saver

Yes, it was bought online so all on my account details. In fact yesterday, the CS agent said he had all the details from my first complaint too and could see when I bought it.

The only thing that TKM is denying is that it is responsible/liable for anything. It's not disputing that I didn't buy it from its store/online, or disputing there was/is a fault. It is just denying it has to do anything about the fault.