Exchange on faulty goods?

[luamber]

I bought a pair of walking boots from a very well known retailer just a few weeks ago and they have started to split. Yesterday, I took them back to the shop, explained the problem and asked if they could be exchanged. The woman I spoke to agreed that they were faulty and offered to exchange them for me, until I explained that I had mislaid the receipt.  The boots were in the original box and packaging with the shop bar code on and everything, but she then refused to swap them!  She said that they would only exchange goods, faulty or not, if I could provide proof of purchase.....I paid cash, so have no bank statement to prove it.

I thought that faulty goods should be exchange with no argument - does anyone know anything about this?

Thanks

[philandlil]

I worked in a shop and we used to exchange if the customer brought the item back in one on the stores bags without a reciept. If you don't have any proof of purchase they don't have to exchange. Try phoning the branch first and ask for a manager what you should do and they may offer to exchange them. if that doesn't work try taking them back to a different branch. Oh and be nice in my experience the nicer the customer was the more my boss would be willing to help!

[nicola_red]

I'm sorry to say that philandlil is wrong on this,  according to the 1979 Sale of Goods act if an item is faulty or not fit for the purpose described then the customer has the right to an exchange or refund at their discretion and they don't need proof of purchase.  The shop should display a notice somewhere stating their refund/exchange policy and it should always include the disclaimer "this does not affect your statutory rights" which means your rights in law.  If you had simply changed your mind about the boots they would have every right to refuse you a refund or exchange, but this is a different matter.  I'd go back to the store and try and speak to a supervisor (politely, don't kick off, as philandlil is right that being nice will get you further!) and if you get no joy ask for the head office address and compose a letter.  I have a fair amount of training on this sort of thing from one of my previous jobs but if you need to quote the Sale of Goods act to help your case I'd google it, you'll find the exact wording you need.

[luamber]

Thanks very much to you both - it's just sooo frustrating, and the shop assistant was so rude despite holding an obviously faulty pair of boots in her hand!  I'll go back to the shop tomorrow and be politely assertive!

[smudge]

I have just exchanged a pair of shoes in New Look, for someone who had lost the receipt. The Assistant scanned the bar code on the bottom of the shoes & issued me with �20 worth of vouchers to pass on to the purchaser.

Luamber - I would definitely take the issue up with Head office! Good luck.

[nuoyg]

This happened to my friend the other week.  Her heel broke and her shoes were from a well known shop.  We took them back and they were being funny about it as she didn't have the receipt but we stood our ground politely but firmly and when they knew we wasn't going anywhere they swapped them for her.  THat would have made me really cross.  I probabaly would have refused to budge.  I would definately take this further. 

[aj2004uk]

i work in an well knowen outdoor shop i would recumend that you tack them tosome other shops as they send them back or try to get the address  of the shoe company who made them any way cos it may work to do that

[trish1234567]

I always go to the manufacturer.  Find the Company on the web, look up their board of directors, find a named person to write to, i.e. the Chairman, Managing Director of Sales Director tell him/her how disappointed you are with their goods as you have always been so satisfied in the past ..... you may have to be persistant and persevere, but it always works for me. 

[smudge]

Hi luamber - how did the exchange go?

[Peter Pedant]

well done Nicky!

its always nice to read a good update to date [free] legal opinion. Give her three luanda! (stars that is!)

Not of merchantable quality and not fit for the purpose for which they were bought

spring to mind.....Good Luck and dont kick off!

 

PP

[alli mac]

I work for well known retail store and when someone brings something back we have to give them a full refund reciept  or if faulty then we give them back the price it stands at.  if they have a reciept before 30 days they can have  a full refund, otherwise take the assistants name and store number and ask for customer services number' that will get get them going esp if you know the date you bought the item, hope this helps.

[Leonorah]

Any faulty good bought within 28 days are of course returnable and a full refund should be given. But without proof that the boots were bought in that shop.  You could be asking the shop to replace another retailers stock.

[luamber]

Hi Everyone,

Thanks so much for your responses - I'm sorry it's taken me so long to let you know what happened...

I still couldn't find my receipt and paid cash for the boots so had real proof of purchase other than the original packaging.  I went back to the shop on saturday and spoke with the manager, who took a quick look and replaced them for me!  he said that the bar code was on the box to prove where they were bought and was more than happy to swap them and even throw in some free walking socks! 

I mentioned that it was my second trip to the shop....the services of the girl I spoke with earlier in the week were apparently now 'surplus to requirements'!

So,  new boots, new socks, fired shop assistant and a very polite shop manager!

Thanks all!