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Christmas

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Anyone else have something already broken that needs taking back to the shops tomorrow?

50 replies

cheekster · 25/12/2009 20:53

Was really hoping that it wouldnt happen again this year, but DS's Buzz Lightyear is broken

OP posts:
EVye · 28/12/2009 21:34

butterscotch. elc replaced our mike 18 months after we bought the keyboard but you can also buy the replacement i think. ohone up customer services as they are v helpful.

bonkerz · 28/12/2009 21:45

DDs baby annabell twin buggy was missing the small fixings that attach the wheels, she was gutted cos it was her main present! am hoping my email to ZAPF will produce some spare ones!

OoopsWeDidItAgain · 28/12/2009 23:47

Butterscotch - ELC have a spare parts list on their website and they will provide anything on it free of charge if you call or email them and quote the reference number of the item. The microphone is on there - I was looking for spare pegs for the peg board today but they are not there but I emailed them and they are sending me a complete game to keep as spares - very but very too!!!!

Here is the link to the page elc and the spare parts list is a pdf file on that page

brightspark2 · 28/12/2009 23:54

Jaberwocky, I have the same problem with a helicar was yours a Science Museum one? They are made by China Industries T/A WOW!Stuff endorsed by Science Museum. I emailed Science Museum plaintively, as WOW website doesn't work.

If helpme email doesn't work I'm going straight back to Hawkins Bazaar with that and with the £7 Mystery UFO which turned out to be a cardboard disc on a string!

Armed with Sale of Goods Act and Trading Standards if I have to I'm livid!

butterscotch · 29/12/2009 18:40

Cool thanks ladies I forgot to do it today so will defo do tomorrow!

NorbertDentressAngel · 29/12/2009 18:50

DP has just broken his new Breo sports watch that I bought for him .

purpleduckUnderTheMistletoe · 29/12/2009 18:53

we had a Spud gun that didn't work, but took it back to hell Hawkins Bazaar. They were fine.

DD got some day of the week socks that has 3 individual "wednesday" socks, but only 1 "sunday"

singsong · 29/12/2009 18:58

Got ds a craft table from Tesco direct but found large crack in it when opened box. They have delivered replacement today but again there is a big crack in it. Also the delivery man was not expecting to collect the (first) faulty one for return (Tesco had said they would drop new one and take broken one at same time) so he said couldn't take it as not authorised. Tesco don't want to send another replacement until they have discussed with manufacturer incase there is faulty batch. Now I'm left with 2 large boxes containing broken tables waiting to be collected.

HugeBaublesWhatDidISayRoy · 29/12/2009 19:05

pmsl at 3 wednesday socks and only one sunday!

mustrunmore · 29/12/2009 19:10

Toy clown... leg snapped off
Toy dragon.. head snapped off

quite good as far as our track record goes!

comefollowthatstarwithme · 29/12/2009 19:12

DD's hello kitty mp3 player didn't work we didn't have a reciept but we had the Argos reservation number we used when we bought it and they have refunded.

lowrib · 29/12/2009 19:51

Despite what sales staff will tell you,

YOU DO NOT NEED A RECEIPT and also

YOU DO NOT NEED THE ORIGINAL BOX

to return faulty goods.

Sorry for shouting, but we've had to go over this several times with Tescos recently! MIL got us a camera from Tescos last Christmas. It broke in the summer. Tesco refused to repair / replace it because - although we had the receipt - we didn't have the box or CD.

It took a lot of arguing, but as we have the law on our side, we did eventually get a replacement (better) camera and a full apology.

If the item is faulty, the shop you bought it from should, by law, offer to send it to the manufacturers for repair. (In practice they may offer you a replacement instead as it's easier for them). DO NOT send it to the manufacturer yourself (even if the shop tells you to, as Tesco initially did with us) as this invalidates your contract with the seller.

sweetkitty · 30/12/2009 16:23

DDs ELC MP3 player is broken, I think it must be faulty as the on light is intermittently flashing but no power, have changed batteries, bought online well a friend bought it as she needed something for free delivery do not have receipt but it is definitely ELC, do you think I could take it back to an ELC shop?

They were only allowed to play with it in front of us so don't think they have broken it, broke Christmas Day but only got round to getting new batteries today.

DD2's Cuddle Chimp, she had played with it about an hour and when it's arms move now there's a horrible ratching sound, SIL bought from Argos still has receipt but she bought it longer than 28 days ago?

lowrib · 30/12/2009 17:01

sweetkitty by law you should take it back to the seller, and they should deal with the manufacturer. Your contract is with the company you bought it from, not who made it.

If you bought it online perhaps you have some other proof of purchase (an email perhaps?) Or the packaging it came in, showing their delivery label?

YOU DO NOT NEED A RECEIPT!

28 days is a red herring. You can take faulty things back at any time after they were bought (up to 5 or more years), as long as it is reasonable to do so.

The Governmanet consumer website www.consumerdirect.gov.uk says

"Your contract is with the trader and not the manufacturer and you should always go back to them to make a claim under the Sale of Goods Act. However if you have paid for goods using a credit agreement like a Hire Purchase Agreement then your rights are different and you should call Consumer Direct for further advice."

also

Goods should be "of ?Satisfactory quality? if they reach the standard a reasonable person would expect taking into account the price and any description."

"- The law says that goods that are of satisfactory quality are free from minor defects, have good appearance and finish and are durable, safe and fit for all the purposes for which such goods are commonly supplied."

"If your goods are not satisfactory you may be able to make a claim for up to 6 years in England and Wales and 5 years in Scotland after the purchase of your goods, for a refund, repair or replacement."

"If goods are faulty and you wish to claim a full refund you must return the goods to the seller within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault."

So go for it, take the stuff back you are in the right. (But take it to the seller, not ELC).

If I was you I'd print out this page from that website. If they argue, remind them it;s a government website, and they know the law, because they make it!

lowrib · 30/12/2009 17:05

Also if any of you use a credit card, did you know (quoting from the same site)

"If you have paid over £100 for your goods via credit card you can hold both the trader and the credit card company liable for any breach of contract under Section 75 of the Consumer Credit Act. The credit card is jointly and severable liable which means that you don?t have to go to the trader first to make your claim, however in practical terms speaking to the trader may be the quickest way to get your problem resolved."

To write a letter to your credit card company claiming a refund for faulty goods click here for a template."

Taken from this site

lowrib · 30/12/2009 17:06

Here's some info about your rights when buying online.

sweetkitty · 30/12/2009 17:07

Thanks lowrib will ask my friend if she still has an e-mail, it was bought direct from ELC

And will ask SIL about the Cuddle Chimp, so annoyed as I know they were not abused as they did not leave the lounge.

lowrib · 30/12/2009 17:32

Oh sorry I misunderstood. If you bought it from the ELC site, then by all means do take it to the ELC shop!

Any proof of purchase will do. (And don't let sales staff tell you any different - if the item is faulty you do NOT need the receipt or the box etc to return it, although they will probably make things easier!)

abra1d · 30/12/2009 17:35

Two years ago next door's son, then 9, sat on my daughter's robot Dalek and broke his eye--at 4pm on Christmas Day.

I was sooooo angry. The Dalek has never really worked again.

melpomene · 27/12/2010 09:39

We've got a paralysed gogo hamster here. I had to change its batteries on Boxing Day (the batteries inside it were Duracell batteries, though, so I don't understand how they expired so quickly.) DD2 has accidentally dropped it on the floor this morning, and now it makes noises but won't move at all.

veritythebrave · 27/12/2010 09:56

This reply has been deleted

Message withdrawn at poster's request.

Seona1973 · 27/12/2010 10:02

ds's alien freefall game (bit like kerplunk but with aliens instead of balls) came with no aliens so not able to play it at all

SlartyBartFast · 27/12/2010 10:04

two things brought from play.com.
one actually ds doesnt need
one never worked properly and then went kaput.

they replied to both my emails positively.
lckily i kept the boxes they were sent in to post them back. and i can reclaim postage

MamaDeer · 27/12/2010 10:11

This reply has been deleted

Message withdrawn at poster's request.

Shodan · 27/12/2010 10:25

Damn self-stirring mug.

Bought it online so will have to return it. DB will have to make do with the bottle of whisky until the replacement arrives.

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