Toys R us breaking the sale of goods act over PC's

  knowyour rights! 18:26 03 Mar 07
Locked

Toys R us in Leicester are actively breaking the sale of goods act concerning PC sales.

Today I tried to return a faulty (but excellent) HP media centre.

1st they insisted that I demonstrated that it was faulty, which I did.

This was incontrevention of the sale of goods act that clearly states "If a consumer chooses to request a repair or replacement in the 1st 6 months after purches it will be for the retailer to prove the goods did not conform to contract (e.g. were not inherently faulty)"

They then said that as 30 days had passed I now had to deal with HP not them.

Oh dear the SOGA states "it is the seller, not the manufacturer who is responsible if goods do not conform to contract"
Also as this was not stated at purchase they are guilty of forming an unfair contract that is uninforcable under law.
Actually it is an unfair contract full stop! They can't do this!

I have now had the fault confirmed by both HP and toys R us. What have toys R us done, now that I have informed them of this and reminded them of the law?
Actually nothing, they say that they can't replace the PC unless given an authorisation code by HP. HP want to take the computer away.
I say this is not my problem and they are clearly breaking consumer law.

So what to do? first don't buy computer equipment from toys R us. They are poor consumers and will try and run roughshod over your rights.
second the small claims court, I will be claiming damages for property inconvinience and the goods.

Have you had similar experiances form PC retailers? If so let us all know so we can start something and put a stop to these sharp practices.

I don't claim to be a law expert but I'm sure the part of the Sales of Goods Act that states it is for the retailer to proove the goods were not faulty at purchase just means that you don't have to prove that it was faulty at purchase. Asking you to demonstrate the fault to them instore is hardly "incontrevention of the sale of goods act".

Toys R Us are not obliged to replace your system. It is perfectly within their rights to send it off for repair provided that it is done within a reasonable amount of time which is what I suspect they may do if you keep pushing them.

  STREETWORK 18:41 03 Mar 07

This type of thing has been discussed for years on this forum.

If your grief with Toys r Us is still not resolved then go back and ask for the following.

1. Customer Complaints Form
2. The Name and Address of the Customer Services
3. The Name of the UK company Director.

What they should do is offer either repair or replacement. If they choose repair then that is only reasonable. If then you are not fully satisfied with the repair go for a refund as the goods are not fit for purpose.

I had a xmas present from toys r Us which was faulty, took it back without a receipt and they immediately changed it for a new one. what's so different with a PC?...

  knowyour rights! 19:05 03 Mar 07

actually I did not mind demonstrating the fault, that is only resonable. What annoyed me was that it was a waste of time, they asked me to bring it in and show them. They then said we can see it's faulty but tough as you have to show it to HP instead!
There was also an exact model next to where I demonstrated the fault, why can't they just swap it? Why should I have to send off my computer and be without a product I have paid for, when they have a exact replacement sitting right there?
They have sold a faulty computer, they should replace it and they should send the faulty one back for repair.

  laurie53 20:08 03 Mar 07

Get on to your local trading standards officer

Laurie

  spuds 20:28 03 Mar 07

A similar case of a retailer and their employees not sure about consumer law click here

know your rights click here click here

  knowyour rights! 22:35 03 Mar 07

What has been interesting is that this is quite common, and more to the point when you stick to your guns, you get results.
As I say: know your rights!
Thanks everbody for your replies :-)

  Forum Editor 00:06 04 Mar 07

under current consumer law to return the machine within six months of the date of purchase and demand that the retailer either replaces or repairs it.

You don't have to prove that the fault existed at the time of purchase, it's up to the retailer to prove otherwise. After the first six months the onus of proof reverts to you. After thirty days you may not be able to claim a refund, it depends on circumstances, and only a court can make the fnal decision on that.

Basically the law says that if a retailer decides a replacement would be 'disproportionately costly' the retailer may choose to effect a repair, and vice versa - if a repair would be disproportionately costly the retailer can decide to replace the goods. The law says that if a repair is the chosen option it must be completed within a reasonable time, and again there's no definition of what is reasonable - a court would take the individual circumstances into account.

Where a major brand computer is concerned the retailer is almost certainly not going to be able to carry out the work, so the machine will have to go back to the manufacturer. Many retailers recognise that this process can be speeded up if the consumer deals directly with the manufacturer, and by arrangement with the company concerned they'll put consumer and manufacturer in contact with each other - this happens a lot with computer monitors. In these cases it's often far better for the consumer to go along with the arrangement, provided it's made clear to the retailer that the consumer is reserving his/her rights in law.

Your comment that Toys R us "will try and run roughshod over your rights." is defamatory, and I must as you not to repeat it here - you have absolutely no grounds for saying it. You must also cease telling other forum members not to buy from Toys R us, based on your single experience - we don't permit that. It's for individuals to make their own decisions about who they buy from.

Finally, my advice is that you think carefully before taking legal action in this matter. On the evidence you've presented here I cannot see that an action for damages would succeed.

  knowyour rights! 17:35 06 Mar 07

Toys R us has refused to move 1 inch despite talking to head office, very anti customer attitude there, you could sense the disdain they have for their customers in their voices.
I have booked my computer in for repair with HP who have told me 7-10 days turn around if parts are available. No gaurentees on the time if not.
What they did say "off the record of course" is in future by a HP from PCW or Dixons as they offer replacement PC's while its in for repair.
As for me Lesson learnt I have spent a lot of money in Toys R us over the years that money will begoing else where in future. But not before sending a few well place faxes to the managing directors and trading standards, why not, toys R Us did taunt me to do so!

  pcw Manager!!??! 18:48 06 Mar 07

I'm afraid they have mis informed as to PC worlds repairs policy. FE is correct in what he says regarding your post. If a customer returned a faulty pc we would ask to see the fault or find evidence of the fault (eg windows logs showing crashes etc). Although there is a six month rule regarding burden of proof, it doesnt mean you can return an item, say I want i want a new one its faulty, without actually showing a fault. Almost all big retailers have a repair policy, this is simply because because if we operated a straight swap, no questions asked (and believe me I would if I could) we would be out of business within a short period of time as would any other retailer. Dealing with HP direct would probably be quicker but a retailer is obliged to act on your behalf and deal with any repairs/exchanges with manufacturer.

  Bailey08787 13:36 07 Mar 07

what is the fault? (out of curiousity)

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