Tesco "Finest" kindle touch cover

ilovesmybrick

Buyer beware! I bought a new kindle touch in tesco two weeks ago and also bought a black tesco "finest" folio cover to protect it. You can imagine my surprise today to find that the rubberised back of the device was covered in black smudges from the dye leaking from the inside of the cover. A quick google showed some similar problems with this product (here).

In fairness to tesco they replaced the kindle for me, but no refund on the cover (I stupidly lost the receipt for the cover, I bought the cover seperately a few hours later). Just a word of warning, the damage is only superficial, but spending 129 quid on something and two weeks later finding that your protective case has stained it is not ideal!

Procrastastudy

You don't need the receipt if its an "own brand" product.

Did you purchase with cash or card? Do you have a club card?

ilovesmybrick

I purchased with cash and I have a clubcard-I did try contacting tesco customer service but they say they don't track individual purchases on clubcards (which I would be slow to believe). The manager I was dealing with was quite pleasant but he said they will not refund the item without the receipt. It's only 20 quid, but I'm a bit annoyed with 'em, but as I said at least they replaced the kindle itself.

Procrastastudy

Well depending on how annoyed you are - they are in breach of their obligations. If its own brand that's proof of purchase. The onus falls on them to have records to make sure its not nicked / still in warranty. Tesco particularly have a system in place that would easily track it down.

It's one of these really odd ones this one. If they aren't admitting its their product thats damaged it why on earth are they replacing the item that was damaged? Crappy CS for reasons purely down to Muppets at head offices really annoy me Anyone in a retail head office should have done at least 5 years in a store.

ilovesmybrick

Well I e-mailed them there so hopefully they will come back to me with some kind of response. The manager I was dealing with did seem quite apologetic about the situation and I understand that these chains leave very little in the way flexibility to individuals. Just a pain in the arse!

Procrastastudy

None what so ever. I have literally been speaking to people in "legal" explaining that Ireland is not part of the UK and still having to do what I'm told. So glad I don't work in retail anymore!

I do remember fondly getting a 'rollocking' of an area manager for telling HR to 'Buy a bloody map' once... ahhh good times.

ilovesmybrick

Ah retail, one of those places we work for our sins! If you're interested I have a kindle touch cover for sale-almost new and at a reasnable price

sarahbro

If you have a Tesco brand product with no receipt you're entitled to an exchange but not a refund. Hope that helps

Procrastastudy

sarahbro wrote: »

If you have a Tesco brand product with no receipt you're entitled to an exchange but not a refund. Hope that helps

You're entitled to your consumer rights which mean you have to come to an agreement for a repair, replacement or refund. Unless you are referring to a specific Tesco policy?

ilovesmybrick

sarahbro wrote: »

If you have a Tesco brand product with no receipt you're entitled to an exchange but not a refund. Hope that helps

Well I would pass on an exchange anyway-I wouldn't trust a tesco branded cover again to have the dye fixed properly to prevent transfer.

sarahbro

GCDLawstudent wrote: »

sarahbro wrote: »

If you have a Tesco brand product with no receipt you're entitled to an exchange but not a refund. Hope that helps

You're entitled to your consumer rights which mean you have to come to an agreement for a repair, replacement or refund. Unless you are referring to a specific Tesco policy?

Yup it's a Tesco policy

skinny90

GCDLawstudent wrote: »

sarahbro wrote: »

If you have a Tesco brand product with no receipt you're entitled to an exchange but not a refund. Hope that helps

You're entitled to your consumer rights which mean you have to come to an agreement for a repair, replacement or refund. Unless you are referring to a specific Tesco policy?

Not gonna start another "no proof of purchase no refund"argument but you are completely wrong.the law states you must have proof of purchase,having just a product be it own brand or not is irelevent.

Procrastastudy

You're wrong. This conversation has been had. Own brand is considered proof of purchase in Ireland.

So your kind of right but still mostly wrong.

As are:

Assistant remembering you
Cheque Stub
Credit card / Debit Card statement even if it does not reflect the actual amount (e.g. multiple items purchased)

Give me a few days and I'll dig up a couple of things you can hang you're hat on including some info on the legal standing of warranties. I've been meaning to do it for some time but I've been out of the Library - sadly back in it for a month now

Ah I see now where my statement was also wrong. I should have said Own Brand products are proof of purchase in themselves. Apologies.

skinny90

GCDLawstudent wrote: »

You're wrong. This conversation has been had. Own brand is considered proof of purchase in Ireland.

So your kind of right but still mostly wrong.

As are:

Assistant remembering you
Cheque Stub
Credit card / Debit Card statement even if it does not reflect the actual amount (e.g. multiple items purchased)

Give me a few days and I'll dig up a couple of things you can hang you're hat on including some info on the legal standing of warranties. I've been meaning to do it for some time but I've been out of the Library - sadly back in it for a month now

Ah I see now where my statement was also wrong. I should have said Own Brand products are proof of purchase in themselves. Apologies.

Own brand products still does not suffice,you need proof of purchase to prove that YOU bought the product,if that was the case people would just rob own branded products and try and return for a refund.

I follow many posts here and a lot of the time your generally in the ball but I think this time your incorrect...that is unless you can pull something up

Procrastastudy

skinny90 wrote: »

I follow many posts here and a lot of the time your generally in the ball but I think this time your incorrect...that is unless you can pull something up

Thats fair comment I've said that myself several times if you can't cite it I don't believe it.

The reasoning is the burden of proof in civil matters which consumer rights fall into. The standard of proof is one of 51% or more. So if you take something back that you can prove came from that company you're probably over the 51% threshold. Over 50% of returns without receipts are from theft is, imo, unlikely. Again the retailer can find the transaction and disprove it but the presumption is there.

Also I'm a bit dubious about Tesco saying they won't look up a transaction on the Club card. I presume if the correct request was made and the nominal fee paid they would be obliged to give you all information they have in line with Data protection legislation.

skinny90

GCDLawstudent wrote: »

skinny90 wrote: »

I follow many posts here and a lot of the time your generally in the ball but I think this time your incorrect...that is unless you can pull something up

Thats fair comment I've said that myself several times if you can't cite it I don't believe it.

The reasoning is the burden of proof in civil matters which consumer rights fall into. The standard of proof is one of 51% or more. So if you take something back that you can prove came from that company you're probably over the 51% threshold. Over 50% of returns without receipts are from theft is, imo, unlikely. Again the retailer can find the transaction and disprove it but the presumption is there.

Also I'm a bit dubious about Tesco saying they won't look up a transaction on the Club card. I presume if the correct request was made and the nominal fee paid they would be obliged to give you all information they have in line with Data protection legislation.

Their not obliged too that's why

dudara

The law requires proof of purchase - in a case like this, it acts to ensure that the item was not stolen, but purchased from a Tesco.

It's not fair to request the shop to refund based on the fact that it's an own brand product.

If that loophole was opened in law, and word got out that refunds were available for own brand products, you can imagine the level of theft would increase quite severely.

Procrastastudy

The law requires you to prove purchase beyond a preponderance of the evidence not beyond a reasonable doubt. If Tesco are refusing to refund an own brand product because it might be stolen the onus to prove that would fall back on them. Its not a loop hole it a basic concept and frankly just good customer service offered by a number of retailers - including Tesco I'm now lead to believe!

As I say I'll have to dig something up out of an article for ya's! I can certainly vouch that at least two retailers in Ireland (well one now :P) train this as fact.

What we have here is yet another "shop policy" not tallying with consumer law. That said for fairly good reasons. Some discretion would be nice but probably not wise owing to common preconceptions.

EDIT: Actually one thing I do have to concede from only a few minutes research is it is up to you to prove the date of purchase if that becomes an issue. Obviously in many cases it doesn't but in many it does. Which certainly agrees with me but I'm always dubious of sources that are aimed at the general consumer.

MunsterCycling

The level of quasi legal mumbo jumbo being pandered in here is nauseating.

Procrastastudy

Thats fair enough its not the Legal Discussions forum.

I'll just assert I'm right and leave it at that. If anyone is interested I'll start a thread over in LD when I have the bits assembled.

OP take it back and insist they at least offer you an exchange/credit note its your consumer right.

skinny90

GCDLawstudent wrote: »

Thats fair enough its not the Legal Discussions forum.

I'll just assert I'm right and leave it at that. If anyone is interested I'll start a thread over in LD when I have the bits assembled.

OP take it back and insist they at least offer you an exchange/credit note its your consumer right.

Hold on a sec...NCA will insist you need proof of purchase ie a receipt or statement

Procrastastudy

Yep Proof of Purchase and they are examples of a proof of purchase. That list isn't exhaustive. To be fair until one of us can point to a precedent this is only annoying cyclists in the less developed areas of Ireland

Also I'm alway dubious of stuff written for general consumption it never list sources and leaves out more complex matters. NCA recently sent a woman on a wild goose chase regarding getting a PS3 fixed which could have been handled in a much simpler way. Technically they were correct but now she left with a busted PS3 and an judgment against a now defunct company.

ejmaztec

ilovesmybrick wrote: »

I purchased with cash and I have a clubcard-I did try contacting tesco customer service but they say they don't track individual purchases on clubcards (which I would be slow to believe). The manager I was dealing with was quite pleasant but he said they will not refund the item without the receipt. It's only 20 quid, but I'm a bit annoyed with 'em, but as I said at least they replaced the kindle itself.

I don't believe it at all. I registered for the online shopping service, and the last time that I looked at it, I'm pretty sure that there are details of items bought from them in-store as well as online, obviously compiled from till-lists. They know exactly what was bought when the clubcard's linked to the transactions.

I'd email customer service and request a refund.

ilovesmybrick

ejmaztec wrote: »

I don't believe it at all. I registered for the online shopping service, and the last time that I looked at it, I'm pretty sure that there are details of items bought from them in-store as well as online, obviously compiled from till-lists. They know exactly what was bought when the clubcard's linked to the transactions.

I'd email customer service and request a refund.

I was a bit slow to believe that myself. I e-mailed them yesterday evening and requested a refund or sore credit. I would think that it would be worth the few euro to them to see if this is a fault in just one case or one that could lead to them replacing many more stained kindles.

ilovesmybrick

Well in fairness to Tesco customer service got back to me today and offered a replacement cover-though I'll probably avoid the finest range...

sarahbro

I've just doubled checked with another person and Tesco policy is that a Tesco brand item is your proof of purchase and you're entitled to an exchange when returning a product with no receipt.

I don't know about all the legal mumbo jumbo but that is what the policy is.

Glad you got sorted in the end