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Advice appreciated on faulty product purchased...

When In Rome

Distinguished Member
Bought this vape unit from well-known shop (see spoiler) just under one month ago.

From the first few days, there were issues with the charging lead. They replaced that and for the first week after the unit did actually work. But the diagnostics on the board began to malfunction, meaning that it would lock itself or go into calendar mode or whatever, there was no way out of it and you couldn't use it. Been returning it to the store ever since, three times now in which time the batteries began smouldering and they had to replace those.

I cannot find the shop receipt and like a lot if stores they are insisting that they won't replace unless I have that and the original box and accessories (which I do have).

However, as I paid on debit card, I have a screenshot of the point of sale so electronically the evidence there leads back to the exact store where I paid £105 for the use of this useless article.

We're talking one young guy in the shop who is caught up in it all because he says that the manager won't accept that the proof of purchase I have matches exactly what they did sell me.

So I was thinking that the small claims court might wonder what exactly it was they did sell me then? And surely the company would have their own details of the transaction on their system showing g that it was indeed the article I bought.

So, am I being fobbed off (likely) and what recourses are open to me as regards to at least getting a replcement item?


 

When In Rome

Distinguished Member
The goods are faulty you do not need an actual shop receipt your debit card is proof enough.
Info here.
I want to return my goods, what are my consumer rights?
Thanks for that.

Today I have left the unit with the young lad in the shop as he said he would 'work his proverbial' off to get it working.

I could show him or whoever the useful article on the Consumer Rights Act 2015 which states...

You have the legal right to a refund if you return your faulty good within 30 days of receiving it, regardless of what the store's return policy says.
 

Graham27

Well-known Member
Yeah, you’d need to make sure you do officially reject the goods within the 30 day period.

Personally, after years of dealing with this sort of stuff for work (though not with vapes) that’s exactly what I’d do. If it goes past the 30 day period you could end up stuck in a constant cycle of repairs. Most decent retailers will replace on a ‘three strikes’ basis, and you’re already past that.

They seem to be a little confused with regards to their responsibilities to you. If the item is faulty you don’t need the box and whatever (which I know you have) they just need to replace your faulty item. They could keep the box and other bits from the one they replace yours with. They seem to be confused with a non-faulty return where they can apply whatever conditions they wish.
 

IronGiant

Moderator
I cannot find the shop receipt and like a lot if stores they are insisting that they won't replace unless I have that
This seems to be the sticking point here...
 

crashcris

Well-known Member
This seems to be the sticking point here...
Not at all.
From the link Mr Fraggle posted-

Can you exchange or get a refund without a receipt?
If you simply change your mind, the retailer has no legal obligation to give you your money back, should you return an item without a receipt. However, many stores will offer an exchange or credit note, so its always worth asking.

If your goods are faulty and you don't have the receipt, you still have the right to a repair, refund or replacement as under the Consumer Rights Act. You just need to show proof of payment, such as a bank statement with the transaction on it.
 

When In Rome

Distinguished Member
Yeah, you’d need to make sure you do officially reject the goods within the 30 day period.

Personally, after years of dealing with this sort of stuff for work (though not with vapes) that’s exactly what I’d do. If it goes past the 30 day period you could end up stuck in a constant cycle of repairs. Most decent retailers will replace on a ‘three strikes’ basis, and you’re already past that.

They seem to be a little confused with regards to their responsibilities to you. If the item is faulty you don’t need the box and whatever (which I know you have) they just need to replace your faulty item. They could keep the box and other bits from the one they replace yours with. They seem to be confused with a non-faulty return where they can apply whatever conditions they wish.
Two good points you raise here.

Firstly my POS shows we bought this on April 3rd.



So to 'officially reject' - I just put it on their counter and say I want a replacement? They know damned well it's faulty as three different staff have tried and failed to get it working properly.

"They seem to be a little confused with regards to their responsibilities to you"

Indeed they do. This one guy video-called the manager showing him what the unit wasn't doing. The manager is never seen in the shop. Looks really Mickey Mouse but this shop is one of the big vaping chains.
 

IronGiant

Moderator
Not at all.
Yes at all, it's the point the retailer is sticking on. I wasn't suggesting they were right to do so. But it is the issue that needs to be tackled. As you point out, When In Rome doesn't need the shop receipt if the goods are faulty.
 

When In Rome

Distinguished Member
Picked it up this morning from store (fixed again, let's see how long it lasts). I explained the consumer rights situ and they agreed, if this fails again I take it back and they do a replacement.
 

When In Rome

Distinguished Member
#threaddeath

Of course it failed again. Within a couple of hours, same issues. Took it back and told them I wanted either a refund or replacement. Then they said they would have to take it back for 24 hours before they would do anything (another story changer). Showed them the screenshots of what the CRA says as kindly provided by @MrFraggle and they finally gave in - it might have been after I told them that if they didn't replace it I would get the authorities up there who would simply enforce the law anyway. Got a lovely new unit called Drag which for any of you vapers is a mod tank... and a new juice, banana muffin which is smashing. :smashin:




 
Last edited:

Chillie6

Distinguished Member
#threaddeath

Of course it failed again. Within a couple of hours, same issues. Took it back and told them I wanted either a refund or replacement. Then they said they would have to take it back for 24 hours before they would do anything (another story changer). Showed them the screenshots of what the CRA says as kindly provided by @MrFraggle and they finally gave in - it might have been after I told them that if they didn't replace it I would get the authorities up there who would simply enforce the law anyway. Got a lovely new unit called Drag which for any of you vapers is a mod tank... and a new juice, banana muffin which is smashing. :smashin:




Is banana muffin even legal:D
 

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