rights when store says no refund unless you prove item faulty, how to do this when item intermittantly works?

[tweenyb]

hi ya

i have a baby monitor that is great or was great for the first 3 weeks, it now switches itself off and sometimes wont switch back on, other times it works fine. its a video monitor and cost about £100.

sometimes it works ok for an hour or so if not longer and other times a couple of minutes. the toy store in question said i have to prove its not working so got me to set it up in store and stand around, after 20 mins my back and leg had given out from standing around their busy customer service desk (im disabled) so had to pack it all up and go home but they said there was clearly nothing wrong with it as its working fine.
having thought brilliant and set it up at home again that evening, it switched itself off after 12 minutes and then again after 250 minutes and then wouldnt switch back on for an hour and a half.
what are my rights, i took it back within a month with the box and receipt etc but as i cant prove its not working i cant meet the stores returns policy.
please help as i need a working baby monitor.
kind regards

[nungate]

If the shop can't or won't give you any refund or a replacement contact Consumer Direct they'll be able to tell you your rights in this matter. They were great when my daughter was in dispute over a faulty piece of jewellery. Sadly I can't remember the phone number but I'm sure you can google them, and you'll be able to take if from there

[Mamyalynne]

Intermittent faults are the hardest to prove, try Googling reviews of your monitor and see if anyone has similar experience.

[EDDIE51]

Working intermitantly is a fault, just send it back . You do not have to prove it has a fault . The company will only bin it anyway, they don't have time to try to fix problems.

[EDDIE51]

The store is being unreasonable, they should simply take it back and replace it.
Find the number of the head office and make a complaint . Or let us know the name of the company and I will find the head office number.

[suechu]

I would send it back with letter to head of customer services, and copying in the head of the company, explaining situation and emphasising what a great customer service reputation they've got.

[murraymints]

sale of goods act applies here...not fit for purpose...your local council will have a consumer/trading standards dept. they will help you..

[ojread2]

If you buy something like this and within 6 months it develops a fault it is down to the store to actually prove it DOES NOT have one. Up to that point they must either refund or replace your item no questions asked.


http://whatconsumer.c...ive-me-my-money-back/

[ojread2]

OP, what store is this incidentally?

[tweenyb]

thank you all. I will pursue the matter further, the store as babies r us/toys r us apparently its their policy!! I wont buy from there again thats for sure!

[ojread2]

policy or not it is not the law - go for them!
Print it off and show them, if they still refuse call Trading Standards at their customer services desk ;-)

[ojread2]

this might be useful
http://www.toysrus.co...p/trubw-returns.jsf#2

What is your policy for returning a damaged or faulty item?
If you have received a damaged or faulty item from us you can return it for a repair, replacement or refund.

So, they are contradicting themsevles

[1PrincessPink]

If you paid £100 and used a credit card, make a s75 claim. Contact the credit card and tell them you want to make a s75 claim and they will help you get a refund. Failing this, it is covered under the Sale of Goods Act 1979. Write to the retailer's Head Office and give them 14 day's notice that you will enforce your statutory rights in the county court.

[tamborine]

Deliver a letter (get it signed in store) informing them you intend to purchase another monitor within 24hours and will be claiming costs from them in Court.

[espookid]

Ask them to exchange it as they should be fit for the purpose and I am sure if you threaten them with legal action they will give in
Or get someone who is prepared to go on your behalf