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Returning faulty goods without a receipt

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NicM123 | 20:13 Mon 08th Jun 2009 | Law
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I was bought a baby monitor at the end of 2008. It worked fine until afew days ago when it stopped picking up signals. We tried everything mentioned in the user guide but it seems completely broken. As it had worked fine id thrown out the receipt afew months ago (oops!). I tried returning it to mothercare today, where it was bought from & was told by a stuck up manager that they wouldnt exchange it as lots of other retailers sell the same model. I always thought that if a product was faulty you didn't need the receipt under the sales of goods act. There is a 1 year warranty on the product. What are my rights to an exchange?
Thankyou

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it is true..you do not need a receipt to take a faulty product back..you need a proof of purchase, which is not necessarily the same thing.

was it purchased by credit card or maestro, if so there will be a record of the purchase on the relevant statement.

was someone else with you when you purchased it...if so, that person is your proof of purchase.

in order to expedite (not sure of spelling!) your product exchange go to the shop at a busy time and speak in a very loud voice. this tactic has worked for me many a time, if the shop assistant/manager ummms and aaaahs make sure you point out that you have many friends who often use that shop and you will lose no time in telling them of your experience.

if all that fails find out the name of the head honcho and write a letter to him/her stating your points.

good luck!
Question Author
Thanks for your quick answer. It was bought on my sisters debit card but she lives in London & I'm in York so she can't come and help me with it! She's trying to find the purchase on her bank statement so i can atleast go back and say what date it was bought & give them card number. This manager was a right cow, don't think talking loud would make her crumble! Plus i'm only 22, so i don't want to look like a gobby young mum! Haha
Everything IDN has written is correct but I'm wondering just how close to the end of 2008 it was when you bought the baby monitor? It's relevant, as I'll seek to explain:

Ignore the guarantee for the moment. A retailer is obliged to provide a repair or replacement for an item that fails due to an inherent fault for (at least) 6 years from the date of purchase. (An inherent fault is one which was present at the time of purchase, such as the use of poor quality components). For the first 6 months after purchase there's an assumption, in law, that any failure must be due to an inherent fault (unless, of course, there's clear evidence to the contrary, such as signs that the item has been dropped). Thereafter the purchaser has to show that the most likely cause of the failure was the presence of an inherent fault.

Since it's now June, you're very close to (or possibly past) the end of the 6 month period where you can simply say "It's stopped working. Fix it or replace it". If more than 6 months has elapsed since purchase you might also be required to show that an inherent fault was the most likely cause of the failure.

Guarantees are usually offered by manufacturers, rather than by retailers. They're entirely separate from your statutory rights with the retailer. Hassle Mothercare for a replacement but, if you're getting nowhere fast, remember that you can also claim against the manufacturer under the guarantee.

Chris
Nic

don't be afraid to raise your voice in shops when complaining.....use it as a rehearsal for when you have to stick up for your child against a teacher/other parent etc......lol
Hi

My sister bought a Flat screen/DVD combi about a year ago (from ASda) and the DVD part has stopped working - do you think this is worth taking back etc

Shes unwilling because she thinks she will get no where but I think as it was about �150 its well worth it as its obviously not right that after only a year with reasonable usage (she works so I figure it cant be on 24/7) it should still be working

Any comments please

Many thanks
if the product does not work always always return it!
All goods come with a guarantee card. Many purchasers not send them off but linked with the serial number on the product they should be able to trace where bought.

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