TK Maxx refusing to allow me to return a faulty item

pwillan

Sorry if this is in the wrong forum but I didnt know where else to put it.

I bought a pair of headphones from TK Maxx in August 2016 and they have developed a problem with one side where the sound is muffled and is distorted.

I took it back to the store where I was told that I would have to contact the manufacturer, when I said that the store is responsible they said they would get the manager.

The manager then said that they only have "100% warranties on luggage" and everything else is mixed and have warranties in "principle but it doesnt always work like that". There is nothing she would do because apparently they dont have the information on the sale from that long ago and said I would have to phone customer services.

After a bit more debating she said she would look in the system and then actually tested them saying that there was nothing wrong with them (she didnt even have the headphones to her ear, instead at a distance).

I'm going to phone up tomorrow but I would like your help with what to say. Any advice?

dlusman

pwillan wrote: »

There is nothing she would do because apparently they dont have the information on the sale from that long ago and said I would have to phone customer services.

This line implies you dont have a receipt and so cannot prove you bought them from TK Maxx ( or when you bought them ) ?

If this is correct I would agree with the store

pwillan

Sorry I should said, I do have the receipt

Nile

Hi, we move threads if we think they’ll get more help elsewhere (please read the forum rule) so this post/thread has been moved to another board. If you have any questions about this policy please email forumteam@moneysavingexpert.com.

I’ve moved your thread from the ‘I wanna’ board to the ‘Consumer Rights’ board, where it is better suited.

Regards

Nile

unholyangel

Within the first 6 months after purchase the consumer needs to be able to demonstrate that the goods don't conform to contract but any lack of conformity is assumed to be inherent and it is for the retailer to prove otherwise.

So unless they can prove otherwise, they should be offering at least a repair or replacement. If they're unable to carry either of these out within a reasonable time and without causing significant inconvenience (or if after 1 attempt to repair/replace the goods still fail to conform to contract) then you can insist on a refund. As its within 6 months then it would be a full refund you would be due.

You're right they shouldn't be fobbing you off. Either go back into the store and remind them that misleading consumers about their rights can amount to a criminal offence under the Consumer Protection from Unfair Trading Regulations or put your complaint in writing. The legislation which gives the above rights (about repair/replace/refund) is the Consumer Rights Act.

dlusman

pwillan wrote: »

Sorry I should said, I do have the receipt

So I dont understand your line about the store "not having information on the sale from that long ago". Surely your receipt provides all the information required ?

pwillan

Thanks Nile, I coudn't see that section when I looked.

Dlusman, I dont understand to be honest either.The managers argument is that they wouldnt be able to find it in the system even though I has the receipt.

Unholyangel, thanks to the help, I lost track of how many times I said that was illegal and she was having done of it so I dont see the point going back into the store so maybe my best bet would be something something in writing. I even kept mentioning the Consumer Right Act 2015 and she wasn't interested.

DD265

For the path of least resistance I'd try a different store if you can and see if you get somebody who actually knows what they're talking about.

Failing that, a quick call to customer services might sort it out for you.

Pollycat

pwillan wrote: »

I bought a pair of headphones from TK Maxx in August 2016 and they have developed a problem with one side where the sound is muffled and is distorted.

pwillan wrote: »

Unholyangel, thanks to the help, I lost track of how many times I said that was illegal and she was having done of it so I dont see the point going back into the store so maybe my best bet would be something something in writing.

unholyangel wrote: »

Within the first 6 months after purchase the consumer needs to be able to demonstrate that the goods don't conform to contract but any lack of conformity is assumed to be inherent and it is for the retailer to prove otherwise.

Depending when in August 2016 you bought the headphones, time might be getting close to the 6 months mentioned by unholyangel so if you are going to put it in writing, I'd do it pdq.

Marcon

Try Which's faulty goods complaint tool: http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product