To possibly be a bit hacked off with tesco.

[littlebrownmouse]

In May I was bought an amazon kindle for my birthday. At the same time, my mum bought me an expensive leather case with a light. Both were bought from tesco. After a few months, my kindle had a fault with the screen, DH had bought it on his debit card and so he took it back. They refused to change it saying he would have to go through amazon. He rang amazon from the store and they wouldn't change it as the account on the kindle was in my name. He had to contact amazon from the store on his mobile, was redirected to an Indian call centre and managed to change the account. Amazon were then able to send me a new kindle. Can anyone explain why, when the sale of goods act clearly states that the contract is with the shop and not the manufacturer, could tesco not change it? He had a reciept by the way.
My mum bought my case with cash and probably hasn't got a reciept. The light on it has stopped working and tesco won't change it due to me not having a reciept. The sale of goods act says that if goods are not fit for purpose, a reciept isn't necessary although in some circumstances some sort of proof of purchase may be asked for, this could include a cheque stub. Do you think tesco are being fair? I could take in a cheque stub that I've written a date, an amount and 'kindle case' on, I have blank cheque stubs. This would be totally dishonest, but I feel as though I'm being treated as if I was a liar anyway as they clearly don't believe I bought it from them. Opinions please! By the way, call from mobile to amazon call centre took ages, man at end of line didnt understand the issue and it cost us a fortune. This is also in legal matters too.

[LyingWitchInTheWardrobe2726]

Your DH's contract was with Tesco, not Amazon. He should go back and speak to the manager. Sale of Goods Act 1979 (1974). Tesco's contract is with Amazon.

[AngelDelightIsIndeedDelightful]

Tesco should have sorted it, you're right. However, I'm on Amazon's kindle forum and have read a LOT about how good Amazon's customer service is so I would ignore Tesco and go direct to Amazon. They have even replaced models where people have damaged them by accident.

I've spoken to them myself (weren't in India then?) and they were great. Just give them a ring about your case and I'm sure they'll sort it quickly for you.

[LyingWitchInTheWardrobe2726]

Amazon probably changed it as a goodwill gesture with Tesco, but Tesco was wrong to pass you on to their supplier and I would write to them to complain.

[Takitezee]

I always thought that the contract was with the shop too so Tesco should have dealt with your complaint.

Regarding the cover, has your Mum got a bank statement showing the money leaving her account? I believe that can be used as proof of purchase.

I bought mine direct from Amazon and they have always been great. I thought I had a problem with it which was sorted out over the phone and my light started only working intermittently and they exchanged it.

[caughtinanet]

I wouldn't take in a cheque stub as I don't think Tesco take cheques anymore so will know you're lying.

I'm surprised you've had problems as whatever you think about Tesco I've always found them to be very good about taking stuff back especially if there's a fault.

Your DH shouldn't have started to phone amazon - why didn't he just ask for the manager and get it sorted?

[littlebrownmouse]

Because he called in during his lunch hour in a hurry. Also, I wouldn't dream of taking a cheque stub in as I'd be in too much of a stress about lying, I just used it to illustrate how stupid the rule is.

[Victoria1984]

as the case is faulty I don't think you need receipt as the item isn't fit for purpose

[caughtinanet]

I may have misunderstood your OP - I thought he had spent ages on the phone to the call centre whilst he was in Tesco. In that sistuation I would have expected him to just ask for the manager to sort it out.

On the whole I don't think its a stupid rule to ask for a receipt in the first instance as shops must get loads of people trying it on and get refunds for stuff they didn't buy there.

I don't know what the law is about faulty items but I still don't think its totally unreasonable for them to ask for some kind of proof that the item was bought from Tesco. I know people are different but I do keep receipts for anything that's likely to break or not be the right size, its just a sensible precaution.

I do think they were wrong about the Kindle though - you definitely shouldn't be expected to contact amazon yourself unless there's some kind of special circumstance you're told about when you buy one.

[GwendolineMaryLacey]

I'm never sure about this. If I've ever had a problem with a Macbook, iPhone etc I've always been told to go back to Apple, which I have done and it's been fine. I bought my iPad in PC World wouldn't occur to me to take it back to them if it had problems.

But I know I should be able to, I would with a Sony laptop.

[littlebrownmouse]

He did spend ages with call centre in tesco, not particularly confident at that kind of thing and wasn't expecting it to take so long. Was also dealing with work texts etc at same time. I'm happy to be unreasonable, just seems like a grey area in sale of goods act. I mentioned the sale of goods act to the store manager today and she didn't seem to know anything about it. By the way, amazon were fabulous and sent a new kindle the next day, my issue is with tesco and not amazon, I think they are being unnecessarily unhelpful because they are big and they can be!

[LadyThumb]

I think Tesco are probably fed-up getting returns because apparently the Kindle has lots of screen problems, i.e. breaking etc.

[Fleurdebleurgh]

When i worked at Argos any faults outside of the first 2 months we had to send the item for repair.

Therefore even though you bought your sony mp3 player through us, the repairs would be done through the manufacturer.

Maybe Tesco have been advised by Amazon that all repairs/replacements should be done through them.
Tescos staff are not trained in how a Kindle works, if they replace every single one that comes in on the spot- the cost to Amazon will be huge.

[duckdodgers]

The contract is with the shop - but lots of shop staff are either unaware (poor training) or basically try it on - tell people to go to the manufacturer because a lot of people do rather than try to argue their case. Therefore not their problem.

Happened with my Dss X box 360 a while back when the shop insisted it wasnt anything to do with them and to contact Microsoft, which would also involve sending it back at our expense. My DH just stood his ground, quoting the sale of Goods Act and threatening to contact Trading Standards. The shop took it back and dealt with it.

[Fleurdebleurgh]

The shop should act on behalf of the customer to arrange a repair/replacement, definitely.

However, very often the manufacturer wants to arrange collection of the item with the buyer themselves from their home address, so it is pointless in shop staff ringing on behalf of the customer.

That applies to a wide range of manufacturers i have personally dealt with- Dyson, Vax, Xbox, Playstation, Sony, Casio, JVC and Pioneer to name but a few.

[mummymccar]

Hi, actually with this type of electrical goods you take out the contract with Amazon, not Tesco. This is because Tesco can't repair the item or replace it if it is faulty. If Tesco accepted your damaged Kindle and Amazon couldn't find anything wrong with it, Tesco would then be liable to both you and Amazon. They could also be accused of damage in transit, etc. Basically, although they sell it, because the warranty is bought with Amazon, it is actually Amazon that you have the contract with. This is just because Tesco don't make it themselves and it has such a high retail price. It is the same with Waterstone's and Smiths with the Sony e-Reader. They have been forbidden by Sony to actually accept the readers back if faulty because it could void the warranty. I used to work for Waterstone's and my manager once accepted a faulty e-Reader from a customer and offered to send it to Sony himself. The e-Reader vanished in transit and Sony refused to help the customer at all because my manager had intervened. the customer couldn't prove he'd even owned the e-reader anymore because my manager had sent all the details off. Customer was very, very angry at being £250 out of pocket. The manager ended up having to buy the customer a new Reader himself and got in a lot of trouble because of it.
It is quite confusing, but basically it is an industry wide thing, you have to go to the company who you have the warranty with.
Hope this helps!

[littlebrownmouse]

It's certainly a bit of a grey area. I totally understand all the stuff about it being expensive, on a contract etc but actually, it's only £111, they sell lots of other things that are more than that.
I heard an article on You and Yours recently that specifically mentioned Argos as contravening the law with regards to making you deal with the manufacturer, maybe amazon things are different but if I bought an I-phone from car phone warehouse, I'd expect them to sort it out if it went wrong and not have to send it to Apple.
Anyway, that's all done with now, what I really need to know is whether I should expect a refund on my 3 month old, £50, bought with cash kindle cover that I have no receipt for.

[littlebrownmouse]

I know about keeping receipts but it was a present and, unusually, paid for in cash. Also, sale of goods act says I won't need one but in some circumstances proof of purchase may be required. Tesco are big and minted and I am little and not and store manager didn't know anything about sale of goods act. She should know about sale of goods act!

[mummymccar]

Should also say, I don't think you are being unreasonable! Tesco should have explained this all to you at the time of purchase AND when you went back in. They are very sloppy for doing that.
With regards to the kindle cover, it doesn't matter if you don't have the receipt. If it is faulty/damaged/unfit for purpose then they have an obligation to exchange without proof of purchase. They'll be able to see this on their computers if they can stock check that way. Tesco shouldn't need to ask you for any kind of proof of purchase. The law says that legally they have to replace faulty goods. When at W I once had to replace a dictionary that had been bought 2 years previously but an entire section had been printed upside down! It was an expensive dictionary too but the company sold a product that was faulty so we replaced it. Don't let Tesco get away with this.

[caughtinanet]

Are you sure you don't need any proof of purchase at all? That sounds very unfair to the retailer and would mean that you could take anything back to Tesco and expect them to replace it regardless.

Do you know the name of the legislation that allows that (very useful to know for any future problems). ActuaLly I did have an issue recently with a guarantee that this could have helped with.

[Graciescotland]

I'm pretty sure you do need proof of purchase as it's a generic good sold in many stores. You wouldn't need proof of purchase if it was obvious it came from them i.e. own brand goods

[caughtinanet]

OK, I've now googled and found this on a Trading Standards Q and A page

"I have purchased some faulty goods, but I have lost the receipt. The trader says that without a receipt, I do not have any rights. Is he right?"

No! You do not have to produce a receipt in order to pursue a claim for faulty goods. However, under the law, you are required to prove that you purchased the product. Therefore, if you paid by cash, a receipt may be the only proof that you have.

So Tesco aren't being unreasonable about the cover.

Graciescotland is correct.

[mummymccar]

We were always told at W that if an item was faulty, if the customer didn't have the receipt but could prove that it was bought there (e.g. bank statement from day of purchase matching stock files showing item sold that day) then you exchange it if faulty. We wouldn't ever give a refund without receipt, but we were always told if it was faulty & showing on stock file as sold then we should exchange. I was told that this was the law, so I'm sure that Tesco should accept your bank statement or cheque stub - especially if it is for the exact amount the cover costs.

I found this consumer website which goes into a bit more detail too.
whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/

They say that
'When you buy something from a shop you are entering into a legally binding contract. Therefore they don?t have to give you a refund simply because you have changed your mind. Only if one of your statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do they have to give you your money back.

Shops will often tell you they will only give a refund on production of proof of purchase. Don?t be mislead into thinking this must be a till receipt. It can be a bank or credit card statement, although you may run into difficulties if it is for a different amount than that of the item you are trying to return.'

Basically if you show them the cheque stub, that counts as proof of purchase which they have to accept.
I've worked for various retail companies in management positions and I can tell you that if you keep asking for the person's supervisor (so assistant, supervisor, section manager, general manager, etc) and kick up enough of a fuss they'll try to sort it out. Nobody wants it to go to head office and certainly not Trading Standards, so if you refuse to accept their decision, keep quoting your legal rights to them and telling them that legally you've provided enough proof of purchase even without a receipt, I'll bet they'll exchange it for you.
Good luck!

[mummymccar]

Ah, just saw that I misread, your mum paid with cash. In that case, you can't really prove that you bought it there. You can try kicking up a fuss anyway and telling them they have a legal right to replace faulty goods but ultimately I think it may depend on how badly the manager wants to avoid it escalating. Sorry!

[littlebrownmouse]

Well, thanks for all your help, it's slightly irrelevant now because DH suddenly remembered that he had the receipt and found it in his work bag with various debris. He'd been given it by giver of gift and had forgotten.