returning with damaged box - help pls

MrsMBK

Hi all,

thanks in advnace for reading.

On Sunday 26th, my brother bought my toddler a train set for his party which was on the same day from toys r us. The box was damaged when he took it to the till. The cashier (cashier A) said to him, the box is damaged is that ok, and as he was in a rush he said yes thats fine. She didn't give him any discount or mark the reciept to show the box was damaged. he paid full price £40.

My son got 4 different train sets haha. (He's train mad). So yesterday, on Saturday 1st April, I took the item back to toys r us, with the reicept, bag and box (exactly how it came/ unopened), in the hope of getting a refund or exchange. The two cashiers at the till (B and C), proceeded to tell me how I had damaged the box by opening the item, resealed it and am now trying to return it. When I explained what happened (as above), they began saying how they would never sell an item with a damaged box etc. They were not the original cashiers.

Cashier C, then took the box and reicept to show the manager (in the office), who basically said they would never sell an item with a damaged box and he has checked the cctv which schows the box was not damaged when purchased. When I asked to see the cctv, he said he isn't allowed to show it to me (no further explanation). He did however say he will check with the original cashier (today) to see if she remembers.

I am going to go back there later today to see what the cashier remembers, and take my brother with me as he was the original purchaser.

So, here is my situation. It WAS damaged and I haven't opened it. It's basically our word against theirs. What has really ticked me off, is the manager saying cctv shows it wasn't damaged - because it was.

So now where do I stand? I have read online I can send written notice for the cctv. Should I send this to the store or head office? Any other advice apart from its a loss?

thanks in advance

hollydays

Can't see this being a problem, they just thought you were trying it on.
THe Manager was bluffing to see your reaction, as they do get chancers all the time.
It's unlikely the cctv will show that much detail.
Your brother is at fault for in effect saying he wouldn't bring it back though, ha, probably too lazy to go back and get in undamaged one?
The cashier didn't follow proper procedure I would think.
Don't go in all guns blazing , and it will probably be fine.

MrsMBK

He didn't say he wouldn't bring it back. It was the only one they had.

hollydays

MrsMBK wrote: »

He didn't say he wouldn't bring it back. It was the only one they had.

I didn't say he did, I said" in effect" .The fact that there wasn't another one then, and he was in a rush, still was his choice to buy it, despite having the damaged box highlighted.

MrsMBK

Does that mean they don't have to return it because the box is damaged?

hollydays

You're putting the cart before the horse, what does their refund policy say?
The goods aren't faulty, you are reliant on their in-house return policy .

TonyMMM

You have no rights at all - your brother was the purchaser. Anything they are prepared to do for you is completely at their discretion.

Having accepted the item with the damaged box your brother would also struggle to use that as a reason to return it.

hollydays

I suppose in an ideal world the cashier could have additionally told him they couldn't accept it back.
It's rather embarrassing for your brother to have to now get involved in this.
Kind of takes the edge off the gift giving imho..

AndyMc.....

TonyMMM wrote: »

You have no rights at all - your brother was the purchaser. Anything they are prepared to do for you is completely at their discretion.

Having accepted the item with the damaged box your brother would also struggle to use that as a reason to return it.

Correct and the brother has no right to return it unless the item is faulty. It's all down to the good will of the store to give a refund or exchange.

Altarf

AndyMc..... wrote: »

Correct and the brother has no right to return it unless the item is faulty. It's all down to the good will of the store to give a refund or exchange.

There is a legal right to return the goods as their published returns policy forms part of the contract to buy.

If there was no published returns policy you would be right. But they do, so you aren't.

http://www.toysrus.com/helpdesk/index.jsp?display=returns&subdisplay=instructions

MrsMBK

the cashier is saying she doesn't remember and the manager is saying his staff would not have sold a product with a damaged box (when they did), therefore he is not going to do anything. This is just our word against his. He is saying the cctv clearly shows the box. In which case I am going to request the footage as it was broken on purchase.

I am not trying to return it because the box is broken.