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Problem with Smyths Toys return policy

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  • 05-07-2009 11:10pm
    #1
    Registered Users Posts: 85 ✭✭


    I bought a baby walker and the walker height didn’t suit my baby, So I went to return the walker the next day but Smyth toys in tallaght refuse to take the item back. The reason they are saying is that if there no Fault in the item then they can’t take it back. Also the item package is opened so for hygiene reason they will not take it back.
    Is this correct return policy?
    Just I am wondering what are my rights as a consumer. I said to them that the manual says you can adjust the height to desired level but it didn’t work that way so I want to return / exchange with some other walker but they refuse o take the item back.



    Rgds
    kpn


Comments

  • Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    They are more then justified but what is the issue, can you not adjust the height or can't work out how to?

    MC


  • Registered Users Posts: 37,302 ✭✭✭✭the_syco


    kpn wrote: »
    I said to them that the manual says you can adjust the height to desired level but it didn’t work that way so I want to return / exchange with some other walker but they refuse o take the item back.
    Mainly, once the product is opened, shops don't take back non-faulty goods. As for the part I quoted, does it say on the box that it could be adjusted to the height you wanted? If not, not sure if you have much to stand on.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    By law they don't have to take the item back as there is no fault, it is your job as a consumer to check such things before buying the item.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    You have no rights whatsoever. It just it doesnt suit you. There is nothing wrong with it. So legally the shop doesnt have to do anything. You could have a quiet chat with the manager but be grateful, do not go in demanding anything and see how you get on.


  • Closed Accounts Posts: 6,131 ✭✭✭subway


    kpn wrote: »
    the manual says you can adjust the height to desired level but it didn’t work that way so I want to return / exchange

    http://www.consumerconnect.ie/eng/Hot_Topics/Shoppers-Rights-Cards/
    4 Goods (including those bought in a sale) must:
    • Fit the description given
    • Be of a quality fit for sale
    • Be fit for their purpose
    • Match any sample show
    • Have the full retail price clearly displayed

    If not, the retailer must fix the problem.

    You are entitled to:
    • Have repaired, replaced, or refunded, any goods that turn out to be faulty or wrongly described
    • Go to the Small Claims Court if you are not happy with the retailer's response

    you are entitled to a refund / repair / replacement (to be agreed with the shop) if the info you have posted is correct in that the item does not have a feature it is described as having.


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  • Registered Users Posts: 6,913 ✭✭✭Absolam


    kpn wrote: »
    I said to them that the manual says you can adjust the height to desired level but it didn’t work that way

    I agree; if the goods are not as described then you are entitled to return them. You say the manual says you can adjust height to desired level - does the box say it can be adjusted to the height you want? If so, and the adjustment can't be made, then you are well within your rights to repuditate the goods.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    The height adjustable bit is the only comeback you have, but it'll depend on what the issue is with that. If it said it was height adjustable, and it is, but not in the way you thought it would be, then there's probably not much you can do. If it's not height adjustable at all, then you are covered and they should replace it, or refund your payment.


  • Registered Users Posts: 85 ✭✭kpn


    Hi,
    Thanks for your views and your time.

    Its a catch 20 situation, YES the manual says you can adjust the desired height but it does only support 3 levels of height.....the sales person told me that I can adjust any height within the highest level but it didn't work that way but I can't take their word for it ...

    I agree that some shops do take the item back when you want to exchange but its up to them to decide not the consumer right....

    Regds
    kpn


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    kpn wrote: »
    Hi,
    Thanks for your views and your time.

    Its a catch 20 situation, YES the manual says you can adjust the desired height but it does only support 3 levels of height.....the sales person told me that I can adjust any height within the highest level but it didn't work that way but I can't take their word for it ...

    I agree that some shops do take the item back when you want to exchange but its up to them to decide not the consumer right....

    Regds
    kpn

    Sounds like it is adjustable; within the highest level, you can go from lowest (1) to highest (3) but obviously not in the way you may have assumed or wanted. In hindsight perhaps you could've got the sales assistant to demonstrate the adjustment in the shop before buying? Unfortunately I don't think you have any comeback on this as there's no fault and it appears to be as described.


  • Registered Users Posts: 10,992 ✭✭✭✭partyatmygaff


    No comeback, sell it on adverts.ie and buy another one.

    As long as it fits its despriction they are not obliged to give you anything.


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  • Registered Users Posts: 1,893 ✭✭✭j4vier


    sorry to bring back up an old thread but i have a question on the same topic as the op

    i bought a lego in smyths 1 week ago but now it's cheaper elswhere. i'd like to return it for a refund and buy it elsewhere.

    the item is still sealed and i have the receipt. i have read on the smyths website that getting a refund should be no problem within 28 days

    can anyone confirm this?

    thanks


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Exactly the same situation as above.

    There is nothing wrong with it, its just you no longer want it.

    You can POLITELY ask for a refund or to swap for something else, but they are completely within their rights to refuse point-blank.

    You never know though.....


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