Can I still get a refund?

Linz197236

I brought a Kendo 3 in 1 staple gun from The Range on May 24th 2016. It came with a pack of staples in it, but once these had run out I went back into the shop and brought some replacements, but these didn't fit.


I returned to store and asked the Customers Services which ones to buy as the ones they stocked didn't fit (it was a generic brand). The store had a range of Kendo refills for every other tool they sold in the Kendo range but not the staples.


I went to several places to find some that would fit, include ScrewFix, Homebase and Wickes and none fit the stapler.


I returned to The Range and asked again, and this time spoke to the dept head - he was hopeless!, he sent me back to ScrewFix etc. They said again that they were having a nightmare as several other people had tried to get replacements for this stapler and nothing fit.
I returned 2 or 3 times to The Range and again each time spoke to the dept head who again was useless and just directed me to his head office again.


I called the HO and they took my details what the problem was etc and I gave them the time and date (24th May 2016) of the transaction and they confirmed they found it in their records as I had misplaced the receipt.


They said that they would investigate and let me know where I could get the staples from, I advised that if I could not get replacement staples then I wanted a refund, as there was no point in buying a tool that I couldn't use again because no shops stocked the staples that would fit it.


I got a call last Thursday to say that they had found the staples and the store has put them aside for me. Went into the store yesterday, and they were the same staples as what I brought previously (the generic ones). I asked several times for a refund as there were no places that stocked the replacements anywhere. They again said they couldn't do anything and HO had to deal with it, but they would email them to help me out.


Today I get a call from the store manager who has confirmed that they will NOT refund me as its outside of their 28 day refund policy and that I can order staples online and have them shipped to me. If I do this, the staples will cost more than the actual stapler!


My question is, as I started this "complaint" 2-3 weeks ago in store then to the Head Office, can I still get a refund as its the time taken the Head Office to come back to me has taken me outside of the 28 day period?

Also can I claim a refund as the replacement staples are not available in any stores and can only be found online?


Thanks (and apologies for the essay)

LilElvis

There is no automatic right to a refund for purchases made in store so you're bound by the terms of The Ranges returns policy. I doubt if their policy allows you a refund after having used the item and actually using up all of the consumables supplied with it.

Nice review on Amazon BTW.

lincroft1710

Linz197236 wrote: »

Also can I claim a refund as the replacement staples are not available in any stores and can only be found online?

Only if you can prove that the product literature/packaging/advertising or the retailer claimed that staples were readily available from an appropriate store.

Linz197236

Well it gives you the sizes on the packaging for replacement staples, but I spent about half hour in ScrewFix and they couldn't find any that fit it.
It wont let me post a picture of the packaging but this link will show you it. (just remove the spaces)

https:// tradecatalogue .co.uk /scripts/supersize.php ?sku=25584-00

wealdroam

Linz197236 wrote: »

My question is, as I started this "complaint" 2-3 weeks ago in store then to the Head Office, can I still get a refund as its the time taken the Head Office to come back to me has taken me outside of the 28 day period?

Section 22 of The Consumer Rights Act gives you thirty days to reject goods if they do not conform to contract.

As someone else said, is there anything written anywhere, on the packaging, on a leaflet, on an advert, etc, that suggests the staples are readily available?

That same section of the CRA also says:

(6) If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7) If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)7 days after the waiting period ends, or

(b)if later, the original time limit for exercising that right, extended by the waiting period.

In this context a repair means making the thing conform to contract, so demonstrating that the staples are readily available would be considered as a 'repair'.
It also indicates that the clock stops on the thirty day period when you asked The Range for a remedy.

However, you mention that suitable staples are available online, albeit at a price you do not like.

So, even if the product is described with 'readily available staples', I would suggest that there is probably no obligation for The Range to stock them.

Perhaps the time to find a source of suitable staples would've been before buying the stapler.

wealdroam

Linz197236 wrote: »

Well it gives you the sizes on the packaging for replacement staples, but I spent about half hour in ScrewFix and they couldn't find any that fit it.
It wont let me post a picture of the packaging but this link will show you it. (just remove the spaces)

https:// tradecatalogue .co.uk /scripts/supersize.php ?sku=25584-00

Here's a working link:

Kendo 3 Way Staple Gun Kit with Staples Nails and Remover

1250 Arrow T50 staples are available on Amazon for £1.19 + £0.99 p&p.
See here:
ARROW STAPLES T50 BOX 1250 3/8IN.

Did you really pay less than £2.18 for your stapler?

Linz197236

no the stapler was £9.99