# baby monitor doesn't work no receipt but have original packaging and bank statement



## sandrat (21 Jul 2008)

I bought a baby monitor in a large toy shop in portlaoise two weeks ago. 

When we got around to using it (when baby started going to bed at a reasonable hour) we found it doesnt work in that it receives no noise at all from any distance. 

I brought it back to the shop yesterday and the first thing they did was ask did I have a receipt and I said no then they checked that it wasn't working (fair enough) then told me they accepted it wasn't working but that I'd have to keep it cos they don't do anything without a receipt. 

I told the girl that I paid for it with laser and that I bought two other items with it and had it on my bank statement (which i didnt have with me). I also had original packaging with the stores price tag still clearly on it. I am 90% certain that I got no receipt because at the time I bought it the girl who served me was yacking on the phone and didnt even tell me the amount she just grabbed the card off me and I had to take it back when the transaction was done while she yacked away. 

So I asked to talk to the manager yesterday and I was told it was her day off and she would ring me today. She just rang and told me in a very rude and authoritive manner that as I had no receipt I had no rights and that if I referred to the box I would see that I needed to contact the manufacturer about the fault and she then read me the blurb from the box even though she acknowledged I could read it off my own box. 

I told her my contract was with the store and not the manufacturer and she said no that if its faulty it the manufacturer I deal with. 

I told her I had a laser statement and she said that proves nothing only that I bought _something _in the shop. 

I plan on writing a registered letter of complaint but do you think I should actually bring a bank statement down to them first and let them refuse that as proof or purchase or just go ahead with the letter?


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## Diziet (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

You need proof of purchase, so I would have thought that your bank statement and the shop tag on the item should be sufficient. if you have the other two items, so much that better, as it shows that the sum adds up. Go into the shop at a busy time, be polite but do the broken record technique... Ask to escalate to head office/senior manager there and then.

If this fails take them to the small claims court, but the above method never failed to work for me.


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## sandrat (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

I have the two other items a roll of wrapping paper (half used) and an inflatable thing but I have the packaging of the inflatable thing will that do?


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## ciars (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

give consumer connect a call. They've helped me out this week alone with two items. 

Its amazing what shop owners will say, hoping the consumer doesn't know any better. Under the sales of goods and services act you are entitled to a Repair, replacment or refund. Regarding proof of prchase see below.

Taken from their FAQ
http://www.consumerconnect.ie/eng/Learning_Zone/FAQs/Faulty_goods/

*Q7. I have a faulty product but have lost my receipt. Do I have any rights?*

A business is entitled to ask for proof of purchase before providing redress. The onus is on the consumer to establish when and where the item was purchased. This is why it is so important to keep your receipts.
Cheque stubs, credit card statements and bank statements can also be accepted as proof of purchase.


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## Vanilla (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

That should definitely be enough. Very poor customer service on their part. As you stated your contract is with the shop not the manufacturer. Insist on the money back. You are within your rights.


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## ClubMan (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



Vanilla said:


> Insist on the money back. You are within your rights.


Almost. Your rights are that you are entitled to a replacement, repair *OR* refund in the case of faulty goods.

When it comes to wireless gear such as this it could be that the product works fine but environmental conditions (e.g. the specific structure of your house etc.) could affect their operation.

Did you try it with the receiver and transmitter within line of sight of each other but maybe not right on top of each other? Did you have both tuned to the same channel? If they are 2.4GHz units then are you sure that interference from other sources (e.g. microwave ovens, wireless _LANs_, other 2.4GHz devices - in your home or your neighbours' homes) could be causing problems?


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## sandrat (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

I tried all that clubman and they tried to get it to work in the store too and it wouldnt work. I just called in with statement and same woman told me the same story. I then said I was in to provide them with proof of purchase and that if they refused to accept it I would be submittin a formal written complaint and I would proceed to small claims court she then brought me to another lady and they showed me a sheet printed from citizens information website pointing to this paragraph

If you are not satisfied with the quality of goods or services you can: 

Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer)
Act as soon as you can – a delay can indicate that you have accepted faulty goods or services
Do not attempt to repair the item yourself or give it to anyone else to repair it
Make sure that you have a proof of purchase (a receipt, cheque stub, credit card statement or invoice)
I pointed to the options under the last bullet point and they said they only accept receipt as proof of purchase and that they can choose from these options and they would get in trouble with the "office" if they gave me a refund. I asked to speak to the office but there is no one there today and the office will ring me back tomorrow to see what can be done. I told her that if I don't hear from them tomorrow I will proceed with formal written complaint which is required before proceeding to small claims court.


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## ClubMan (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



sandrat said:


> I tried all that clubman and they tried to get it to work in the store too and it wouldnt work.


OK - in that case you are entitled to a replacement, repair or refund as long as you have proof of purchase. I'm not convinced that they can insist on a receipt only if there is other valid proof of purchase available. Contact the _NCA _at www.consumerconnect.ie if necessary and they should be able to help.


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## sandrat (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

just rang them and they say bank statement is enough, we'll see what the office tell me tomorrow


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## TreeTiger (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



sandrat said:


> ... the manager ... She just rang and told me in a very rude and authoritive manner that as I had no receipt I had no rights and that if I referred to the box *I would see that I needed to contact the manufacturer about the fault* and she then read me the blurb from the box even though she acknowledged I could read it off my own box. I told her my contract was with the store and not the manufacturer and she said no that if its faulty it the manufacturer I deal with.





sandrat said:


> ... they showed me a sheet printed from citizens information website pointing to this paragraph
> 
> If you are not satisfied with the quality of goods or services you can:
> 
> Return the goods to the supplier who sold it to you *(you should not return the goods to the manufacturer)*




 Did you point out to them that they don't actually seem to have a clue about customer's rights?!
I get really annoyed when a manager of a shop (and you said it's a large one) is clueless about the rights of customers, and when it's something to do with babies or small children I think it's even worse.  Glad to see you're following it up, too many people let shops get away with this type of behaviour.  Good luck, and please keep us posted.


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## sandrat (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

forgot to mention that the bit she read from the box said at the end that it is valid in the uk only I said it to her and she was like thats what we go by. It is the biggest toyshop in portlaoise don't think i'm allowed say names.


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## sandrat (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

on the point of babies stuff do you think i should go and buy a new monitor because i actually need one and then insist on refund cos I have bought a new one?


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## ClubMan (21 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

You can't *insist *on a refund as far as I know. The retailer only has to offer you one of a repair, replacement or refund.


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## sandrat (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Ok so the office never rang me so I rang them and the office had heard nothing about my complaint and the manager I was talking to yesterday was gone home for the day so they will ring me tomorrow?? I told the office that I had already explained to the manager yesterday that if I didn't hear from them today I would proceed with a view to the small claims court. The office then wanted all the details again and they will ring me tomorrow. Oh and the girl that deals with it is on holidays this week too apparently and the manager wouldnt have known that!


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## FredBloggs (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



sandrat said:


> It is the biggest toyshop in portlaoise don't think i'm allowed say names.


 

Well anyone who knows Portlaoise would know who you're talking about. I bought childrens Xmas presents there 3 yrs ago and one of them didn't work - when I brought them back they insisted on a receipt which amazingly I found at the bottom of a bag. They then gave me a replacement but added "We've had lots of people bringing these back - must've been a faulty batch." To which I asked "If you knew they were all faulty why did you insist on a recipt?" They had been very very insistant on the receipt.


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## sandrat (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

well i think it is pretty stupid for a toy shop to mess with someone with a new born baby. Think of all the years of santa that they are gonna miss out on from me. Oh and imagine I actually know other people with children too, funny that eh? Oh and mothercare is opening in the town too in september. I have to say there is a baby shop in the town and they are way better and even know my name and would remember me buying anything so I will shop there for baby stuff in future. Just bought the baby monitor in this place because I was there looking for a birthday present for an older child so it was out of convenience.


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## ClubMan (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



sandrat said:


> Ok so the office never rang me so I rang them and the office had heard nothing about my complaint and the manager I was talking to yesterday was gone home for the day so they will ring me tomorrow?? I told the office that I had already explained to the manager yesterday that if I didn't hear from them today I would proceed with a view to the small claims court. The office then wanted all the details again and they will ring me tomorrow. Oh and the girl that deals with it is on holidays this week too apparently and the manager wouldnt have known that!


What is your plan now? Is the _Small Claims Court _the next stop?


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## Carpenter (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

I think I could probably guess the identity of the store in question also; my wife and I would try and avoid it where possible.  In our experience the staff tend to be either very young and disinterested or more than a little rude.  I'm always amazed that some people do go back to shop in places like this with such a poor appreciation of their customer base; me, I vote with my feet!


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## sandrat (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Clubman I am gonna see if they contact me tomorrow, if not I am sending them a formal written complaint outlining all my dealings so far by registered post giving them 10 working days to resolve the complaint otherwise I'm after a day in (small claims) court


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## ClubMan (22 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Good idea. Keep a record of all interactions to date too. The more evidence you have if it comes to the _SCC _the better.


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## sandrat (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

I just rang them now cos I don't want to be sitting in all day waiting for a call. Spoke to the manager that I spoke to on monday and she said she had spoken to mr toyshop owner yesterday and he said that without a receipt he wouldnt do anything and I can do what I like after that. I asked if she had spoken to him yesterday why hadnt she rung me and she said because I said if I didnt hear from them I would make a formal complaint. I said so you didn't think it would be good customer service to make the call and she said no and goodbye basically.


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## ClubMan (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

So - what now? _SCC_?


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## sandrat (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

I'm putting it in writing first and if no joy small claims court. only writing letter cos I don't want them claiming they never saw me. Sending registered post. It only cost 30euro but its the principle, they can't be let away with that sort of thing.


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## ClubMan (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Keep a record of all expenses incurred in case the _SCC _might grant you "costs" as well as the cost of the item (and your _SCC _fee?) if you win. I'm not sure if they do this. Otherwise _SCC _fee of €15 plus registered post plus other time and money expenses incurred could make it largely pointless other than on principle.


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## sandrat (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

I don't care maybe they might think twice the next time when someone can't afford another 30euro for a monitor. Don't know whether I should report it to the manufacturer or not?


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## ClubMan (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Don't think this issue is of any relevance to the manufacturer.


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## ciars (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Also ring Con.Connect again. This time lodge a complaint and update them to the fact you were told 'no exchange' regardless of having bank statements. Get a case referance number from them and maybe put this in all correspondence.


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## sandrat (23 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Thanks ciars I have lodged an online complaint on the consumer connect website.


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## sandrat (24 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

when filing complaint with scc how to I know who to address the complaint to i.e. who owns the company or is it the store manager or what??


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## ClubMan (24 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Anything useful here?

CitizensInformation.ie - Small Claims Court
Courts.ie - Small Claims Procedure


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## mcaul (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Reading the thread - this is appalling behaviour by a retailer.

As a retailer myself, you had proof of purchase, the item is faulty, you're entitled to replacement or refund.

Worse still is the small amount involved - if it was €500, they may want more info, but 30 quid???? 

I think we all know what store you are talking about - I think the best option will be for people to avoid stores that don't respect customers rights.

The good news is I heard Byrnes are looking to move to the new retail park in portlaoise.


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## sandrat (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

well mothercare are and there is an excellent baby store in clonminham so I won't be going back to this place


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## FredBloggs (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

As I said in my earlier post they were very insistant on a receipt from me a couple of years ago.  I can understand why retailers want receipts and luckily I found mine but I think there insistence in my case was stupidly so since it was obvious the toy had been purchased from them and they said there had been a load of returns of that toy.  I reckon most people wouldn't have had a receipt and must have ended up in your position.

I'm amazed in your case that proof of the laser transaction and the low value involved hasn't resulted in an immediate replacement.  surely anyone with sense would see that as you have a baby you are a potential customer for years to come and that even if they only lost your business that woud be worth hundreds if not thousands to them over the next 10-15 yrs.  And it can't do them much good having you giving out about them around Portlaoise.


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## sandrat (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



FredBloggs said:


> . And it can't do them much good having you giving out about them around Portlaoise.


 
what makes you think i'll be doing that??


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## FredBloggs (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



sandrat said:


> what makes you think i'll be doing that??


 
Well it wouldn't be right to Black- en their name


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## sandrat (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

or blackken even?


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## FredBloggs (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

:d


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## Nige (25 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

It would be brilliant if Byrne's moved to Portlaoise too. I resent spending a single cent in the other place (after a poor customer service expericence too) but nowhere else in town has a good stock of toys for older children.


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## Complainer (30 Jul 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*



ClubMan said:


> Don't think this issue is of any relevance to the manufacturer.


Legally that's correct - but the manufacturer might well be interested to hear how consumers are being treated. It might be worth a call or an email.


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## sandrat (14 Aug 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

only got a chance to send registered letter last friday (busy with baby) and it was signed for on monday. Got a call this afternoon to come and collect my new baby monitor.


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## ClubMan (14 Aug 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

Was it not a refund that you wanted?


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## sandrat (14 Aug 2008)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

decided a refund or replacement would be acceptable and put that in letter, told them that in last communication too


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## ajapale (4 Dec 2009)

*Re: baby monitor doesn't work no receipt but have original packaging and bank stateme*

moderation bump


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