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to return an item I think isn't up to scratch due to quality?

(15 Posts)
frgr Thu 11-Nov-10 11:37:17

I bought a bobbly hat 5 weeks ago (1st October) to keep warm this winter and have worn it every day on the way to work and back again (about 1 hr a day). I thought it would last me the winter at least. It's bright red with glittery stripes and i thought it was fab at first!

BUT:

In the first two weeks, 2 of its buttons have fallen off. The final straw was on Monday when I noticed one of the ear flap things are coming loose (it's a wool item), and that there are 2 rather large holes forming in the hat. The holes are due to the loose weave of the material, but they're about the size of a 2p piece!

Problem is that I can't find my receipt, although I do have a bank statement showing the date and cost of the transaction (I can also pinpoint the tmie as i was on my lunch break).

AIBU to go into the shop with my bank statement andthe hat and ask for a refund due to the crappy quality?

(and if you think IANBU, what do i do if the person on the desk says they'll only give me an exchange? i'm off to google consumer law in the uk now, because on my way in i went into M&S to buy a more sturdy warm one so don't need the crap one replacing)

greentig3r Thu 11-Nov-10 12:00:17

Is there a label that shows where you bought it? I think if it is clearly from that shop and bought recently (i.e. this season's range) you should have no trouble getting a refund.

Don't remember the specifics, but DP used to work in a shop and it was quite amazing the rights he told me consumers have- like you don't even need to prove that you bought an item in that store, as long as they stock it. Something mad like that. Most big places are so used to putting through refunds, you barely get a raised eyebrow.

Sarsaparilllla Thu 11-Nov-10 12:01:56

I would definitely take it back - I think that's classed of not of resonable quality, get a refund

frgr Thu 11-Nov-10 12:06:19

no label, no, unfortunately. it's definitely this year's stock though, i bought it from what looked like stock they were just putting out on display.

i will go in and try to negotiate a refund. so disappointing when you realise you've bought something that's a bit crap!

gramercy Thu 11-Nov-10 12:09:12

Was this the king of bobble hats?

I don't think I could be bothered to go into a shop brandishing my bank statement for a £3.99 woolly hat.

Lastyearsmodel Thu 11-Nov-10 12:14:27

I think, if it's 'not fit for purpose' you don't need a receipt. I stand to be corrected though.

Tangle Thu 11-Nov-10 12:15:25

I found this:

"You have a right to return an item to any store that stocks it and ask^ for a refund, but IIRC the store have the right to try and put things right - which can be either a refund or a replacement (if the replacement shows the same problems then they have to give a refund).

I'd definitely ask - but I wouldn't be entirely surprised if you were only offered a replacement."^

The damage you are describing does seem to be more than would be reasonably expected from normal use over a 5 week period. If that's so then its a breach of your statutory rights and so the store have an obligation to repair, replace or refund - but at their discretion (at this point). You cannot demand a refund unless they've mucked around and either taken a long time over a repair or there have been further issues with quality of either the repaired or replaced item.

YANBU to want to return the item and ask for a refund - but you would BU to demand one.

Hope you can get it sorted out

Tangle Thu 11-Nov-10 12:16:44

Oh - and you don't need a receipt, although you do need a proof of purchase - which your bank statement would be, especially as the values match

frgr Thu 11-Nov-10 12:21:48

gramercy, it was £14.99

lucykate Thu 11-Nov-10 12:27:03

at £14.99, yes, take it back. that's quite an expensive hat to fall apart so quickly.

greentig3r Thu 11-Nov-10 13:03:00

Tangle- that's what I was thinking about. Thought it was ace when I found that out. In US I'm sure they don't have anything like the rights we have. Shame so many of us are too polite to even return faulty goods blush

Tangle Thu 11-Nov-10 13:11:01

Sorry - just realised I've managed to completely fail in copy and paste. That first full paragraph should have read:

^"If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.

In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.

If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong"^

Tangle Thu 11-Nov-10 13:12:53

And I'm just going to give up on the italics blush

greentig3r - it is good for consumers, but not so good for the small independent retailers who have to deal with returns of products that weren't even bought there. I'm still in two minds as to whether taking consumer rights to that level is the right thing to do.

greentig3r Thu 11-Nov-10 13:33:02

I see your point! I guess you wouldn't walk in and ask Toni and Guy to fix your fringe that Saks ballsed up.

frgr Thu 11-Nov-10 13:36:11

Thanks for the advice all, I've popped into the shop (it's only around the corner) with it and my bank statement, the girl didn't bat an eyelid after asking if i wanted a refund or a replacemnt! it is a large national retailer though so perhaps i shouldn't have been so uneasy about going in with a (poor) product for return with some proof i paid for it there at that branch.

thanks!

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