Page 1 of Attn Clayts ( or anyone that will know ! ) - Consumer advice

Here`s one for you.
I bought a playstation as a gift for somone on the 31/12 from Toys R Us.
It was bought as a combined DVD player and games consol (before I get checked onto the consoles forum!!)
Unfortunately the recipient didn`t want it, so I took it back today the 3/1 for a no-fault refund.
The `manager` refused to give me a refund on the grounds that a small circular selotape type seal on the box had been lifted by myself to ensure that all the contents were there prior to giving it as a gift.
Their website clearly states that they will accept no fault returns within 7 days provided they are in their original packaging. The only mention of `seals` being a problem is when returning " CD`s or software "
A machine is not a CD or software !!
Despite me showing the manager this he is still not willing to give me a refund as he is stating he cannot re-sell it with this `seal` lifted.
Any ideas ????

he is a lying B4st4rd!!! you are entitled to a full refund, tell him to ring his customer services department whilst you are in the store, refuse to leave without it... tell him you want compensating for wasted time, and journey, carparking etc...

The company are clearly breaking hte law, they can only refuse if the item was bought for you as a gift, but with the receipt, he is just plain lying! The seal IS NOT AN ISSUE, the goods are still clearly in a resaleable condition. (as a retail store manager, i know the stunts that can be pulled).

like what he said, only not so sweary :p

I thought that as long as there was nothing wrong with goods (even clothes being the wrong size!), then a store was under NO obligation to refund exchange, refund, credit note etc. at all.
Stores, especially the bigger `names` do it `cos it`s part of a reputation which gives you confidence buying from there. You know if you change your mind you`ll be OK.
Having said that, if their own T & C`s say they give them then that`s different...
Still think though that refusing to exchange unwanted/unsuitable goods is not contrary to Sales of Goods act and is only given as `goodwill`..

Ste

*EDIT*
From http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

WHEN ARE YOU NOT ENTITLED TO ANYTHING?

If you were told of any faults before you bought the goods
If the fault was obvious and it would have been reasonable to have noticed it on examination before buying
If you caused any damage yourself
***If you made a mistake, i.e. you don`t like the colour, it is the wrong size etc.***
***You have changed your mind about the goods, or seen them cheaper elsewhere.***
You bought the goods more than 6 years ago.

So, even if what they`re saying is breaching their own T & C`s, if they`re not contravening the Sale of Goods Act 1979 are they OK??

Ste

This item was edited on Friday, 3rd January 2003, 20:07

SJ the SOGA `79 is the fall back position here, where there is a contract term offering additional rights to the consumer e.g.a change your mind type warranty, then this is clearly enforceable. The position is different where the contract term attempts to water down the key points of the legislation such as satisfactory quality and the like. Up shot is they are in breach of the sales contract, threaten em with Trading Standards.

I regret to report that the retailer is well within his rights to refuse you a refund, just because you change your mind :

"If the goods are satisfactory according to the Act - but you want to return them for another reason - such as if you have changed your mind, the item is the wrong colour, or it doesn't fit - you are not entitled to a refund.

"If the shop does offer a refund, exchange or credit note, then it is more than you are legally entitled to."

If the thing didn`t work, fair enough. But no retailer is actaully obliged to swap the goods just because you, or the recipient changes their mind.

Forget the hysteria above, I speak the truth....

Sorry :-(

was it not bought as an xmas gift? and they all ready have it?, so the Buyer did not change there mind, the 3rd party did..

so umm you should be albe to bring it back???

Nope, as far as the retailer is concerned, the person who bought the item is the person who `owns` the item. Wether or not person 1 gave it to person 2 is immaterial.

Like the man says, if there`s nothing wrong with the item, then the retailer is under no obligation to take it back.

That`s not to say the retailer isn`t being a sycopantic git, the reason he`s probably not taking it back is because they`re on sale now, and if he gave a full refund, he`d be making a loss....probably....

m`kay
thanks for clearing that up Stantz
and yes the retailer is being a "sycopantic git"

Thanks for all your comments.
I`m still hassling them using the argument that their website clearly states they will accept no-fault returns within 7 days provided it`s in A1 nick, which it is.No mention of broken seals on Playstation boxes.
The manager admitted that if the box weren`t `sealed`, like their DVD player boxes for example, then he would take it back. But this little opened selotape seal ( no barcode or fancy markings on it at all ) is causing all the fuss.He says he won`t be able to re-sell it, but I refuse to believe they aren`t able to send it back for re-packing.
Christ, as I was waiting for the manager 2 blokes turned up. One with no packaging at all on a faulty toy, and one with no receipt. They got their money back !!!!!!!