Do I need the original packaging?

Buchanan0204 · 6 Sep 2011 at 14:11

I bought a mobile broadband dongle from a big name high street store a few weeks ago.

It has now developed a fault and the PC wont recognise it. Tried it in several computers.

It's not been physically damaged in anyway. However I don't have the little box it came in. I do have the receipt though.

Am I entitled to an exchange or a refund? It's an exchange I'm after.

Cheers.

TRNC · 6 Sep 2011 at 14:17

No you dont need the packaging (although beprepared for them to be awkward about it) and yes you are entitled to an exchange.

Buchanan0204 · 6 Sep 2011 at 14:25

TRNC said:
No you dont need the packaging (although beprepared for them to be awkward about it) and yes you are entitled to an exchange.

I thought they might be awkward... they're not the smartest bunch!

Anything I can quote? Sale of goods act etc?

TRNC · 6 Sep 2011 at 14:31

Correct, its the Sale of Goods Act 1979 as ammended by the supply and sale of goods act 1994

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/

Buchanan0204 · 6 Sep 2011 at 14:33

Any chance you can link me to the part it says I don't need the original packaging? So I can print it out.

Cheers again.

P.S. I did try and look.

mdb08 · 6 Sep 2011 at 14:36

Buchanan0204 said:
Any chance you can link me to the part it says I don't need the original packaging? So I can print it out.

Cheers again.

P.S. I did try and look.

I don't think it specifically says you don't need the packaging. However, please correct me if I'm wrong- The product has developed a fault within the first six months of purchase putting the emphasis for the retailer to prove the developed fault was your fault else an exchange should be given? Sorry if that is no help

SOGA Explained Webpage said:
http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

Requesting a refund

If a customer wishes to reject or not accept faulty goods, you are entitled to ask the customer to prove the goods were faulty when they bought them from you. If they are able to do this, they are entitled to a full refund.

Requesting a repair or replacement

If a customer has accepted the goods and is requesting a repair or replacement because the goods are faulty, the onus on who is required to prove the problem depends on how long ago they purchased the item.

Under six months - the customer does not have to prove the item was faulty when they bought it from you. If you disagree it is up to you, the retailer, to prove the item did conform to contract (or that the fault did not exist) at the time of sale.

Over six months - you are entitled to ask the customer to prove the item was faulty when they bought it from you. If they are able to do this they are entitled to a repair or replacement.

TRNC · 6 Sep 2011 at 14:37

Not to hand currently, but it revolves around your rights to a refund/exchange which are not dependant on a cardboard box!

They cant simply refuse on that basis as it breaches your rights, and if they are really that fussed when they take the new one out the box to give to you as replacement they can keep the old box!

jas72 · 6 Sep 2011 at 15:50

You aren't exchanging because you don't like it you are exchanging it because it's faulty so the only reason for them wanting the box is if they need to send it away for repair.

Skilid · 6 Sep 2011 at 16:47

I work at the big purple place on the customer service desk. If the stick is faulty it doesn't matter if you have packaging or not, we still have to exchange it. They may test it first but that is to cover their own backs, not because they don't believe you.