Returning shoddy goods?

Question

I bought a wooden toilet seat approximately 8 weeks ago from a well known DIY store (UK). The toilet seat is used in the main family bathroom, which tends not to get used very often as we use the en-suite more. Last night I noticed that the seat, which cost about £25, had a huge split in the wood that had literally appeared from nowhere. The seat had not been dropped, banged or anything like that. I phoned the store up this morning and explained the situation. Obviously, after we knew that the seat fitted, we threw the packaging and receipt away. The assistant told me that it was up to the duty manager to decide whether he would replace it. She very quickly asked him as she said he was right next to her (coincidentally I thought) and came back and said that unless I had proof of purchase, they would do nothing. The seat was their own make and I explained this but she repeated herself. I think that they have a duty to exchange it as it is obviously not fit for use but what are my rights

Answer 1

I would take the seat back to the store and ask to have it exchanged. If they refuse, ask to speak to the manager. Goods sold must be fit for use. In this instance the seat is not fit for use and should be replaced or money refunded. If you get no joy from the manager, then write to the managing director. Do not give up. Best of luck.

Answer 2

As you cannot prove the date on which the seat was purchased it will be difficult to prove that the defect is not down to wear and tear.

Some consumers might approach this one by purchasing a second, identical, toilet seat... then taking the older one back with the packaging and receipt of the newer one, and claiming a refund or replacement.

They will probably be more inclined to replace it than refund it (with a replacement they get to keep the profit, with a refund they don't) so this course of action would only be advisable if you have two toilets needing re-seating, or can palm the second one off on a friend.

Or, indeed, if you get through toilet seats at such a rate that it is worth keeping the second one for when you wear the first one through ;-)

Answer 3

Proof of purchase doesn't have to be a receipt, you could use a bank statement or a cheque book stub.

You are right, according to The Sale and Supply of Goods to Consumers Regulations 2002, goods must be as described, fit for purpose and of satisfactory quality.

Where goods bought after 31 March 2003 prove defective within six months of purchase, there's a presumption that they were defective when they were bought, in which case the seller is in breach of contract (Section 14 Sale of Goods Act).

If you have no proof of purchase at all, you could write a nice letter asking for a refund as a gesture of goodwill.

You can also mention that if this complaint isn't dealt with satisfactorily, you will pursue that matter in the small claims court. I've never known it to come to this, but it actually isn't that hard. First port of call if you do have to take it to the small claims court is the CAB.

Answer 4

I don't live in the UK so I can't say much about your rights there but I can advise you to try sending an email to the manufacturer if you can find their website and email address or write a letter to them explaining your situation in a clear and non angry manner. You probably would want to include a photo or two that show the crack in the seat as well as the brand if it has one on it.
Using this method I was able to contact a company about a camera bag which the clasp had broken and they shipped me a new one without even asking me to show proof of purchase or returning the broken one. Its worth a try anyway!
Good luck!

Answer 5

Put it in a plastic bag and go down there tomorrow. Make sure you smile sweetly and explain that you've brought it back for the refund, or exchange, as discussed yesterday. If you put them on the spot they will be too embarrased to say anything to your face. If you act as if you are the most reasonable person in the world (beneath your seething surface) you will have the high moral ground. If it gets tricky, mention that you have a good friend in the local newpaper... (even if it's a lie!). They won't want a fuss in front of other customers and potentially the press, so they should act in good will and come round to your entirely reasonable point of view. Best of luck.

Answer 6

I know this almost sounds like 'rough justice, but look from the stores point of view...
Did you steal the seat?
Was it one of thiers?
How long did you have it for?

Many times the dishonest person tries to 'get away with it'. I can understand your feelings, sure, but see it from thier view.
Having said all that, 'Real Wood' toilet seats have a bad habit of cracking, especially if used by the more corpolent members of society, or, if they are poorly fitted. The better, more robust seats are the MDF seats with a wood finish (and cheaper!!!)

Answer 7

find out their return policy.

what you could do is buy a replacement, keep all the packaging and receipt this time, then put the broken one in the packaging and return it for a refund.

or you could use your credit card statement or bank statement as proof of when you bought the original.

do you really want a replacement? or maybe try a different brand since these may be bad design.

Answer 8

if you have no receipt or credit card copy you will be out of luck.find out from the store how long they have had the product ,if it isnt very long then you may have a claim. failing that take it back on their busiest day,normally a sunday, and ask then ,if no joy start kicking up a fuss.to avoid problems with other customers they will relent to get rid of you. best of luck

Answer 9

a receipt is not the only proof of purchase. if its their own make that is proof enough as you couldnt have got it anywhere else. if an item isnt fit for the purpose you bought it for then they at least have to offer a replacement...go back and tell them you only had it for 3 or 4 weeks..STAND YOUR GROUND!!

Answer 10

If you paid by credit card. You would have proof of purchase, but unless you can prove that you purchased from that store, they are within their rights to refuse a refund or exchange.