I bought a new electric kettle from Big W using their new self service checkout system. The machine did not print out a receipt for it. The thing lasted less than a week before breaking down. I want to know weather I can legally demand a refund for it as it cost nearly 0, or if I’m up the creek without a paddle.
You’re in Australia, yes?
Section 71(1) of the Trade Practices Act 1974 (Cth) states that:
‘Where a corporation supplies (otherwise than by way of sale by auction) goods to a consumer in the course of business, there is an implied condition that the goods supplied under the contract for the supply of the goods are of merchantable quality…’ It then goes on to explain that this does not apply to defects that are brought to your attention, or that you ought to have discovered when examining the goods. Presumably you didn’t examine the goods (because the kettle was sold in a box) or, in any case, you wouldn’t have noticed the fault anyway.
Now if you used the kettle correctly and it broke down within a week, clearly it was not of merchantable quality. As such, you are entitled to a full refund from Big W. That, incidentally, is what businesses are talking about when they mention your ’statutory rights’ in their refund policies.
So legally you are entitled to a refund, there is no question about that. The problem is one of fact, not law. You have to be able to show that you bought your kettle from Big W, since otherwise they obviously wouldn’t have to pay you anything. This is where the receipt comes in. You don’t legally need one, but practically they are extremely useful.
If you have any evidence, such as a credit card statement, showing that you bought the kettle at Big W, that would be helpful. Otherwise, I would still strongly advise that you take the kettle back and ask for a refund. Explain that the reason you don’t have a receipt is because the machine didn’t give you one. I would expect them to give you a refund. If you don’t seem to be getting anywhere, try actually mentioning section 71(1) of the Trade Practices Act.
If it’s only a week, you can probably return to the store you bought it at, they will refund your money/give you another working kettle.
On the other hand, you probably are hard pressed to get anything from the manufacturer, but then again, can you blame them, I mean how do they know how old your kettle is.
If you bought the product with a credit card you should be able to prove that you purchased it AND the store you bought it from should be able to show that it was part of their inventory.
I’ve returned things to stores like Wal-Mart and Target without a reciept, but they WILL only give store credit.
In fact, I think one time I returned an item that wasn’t even from Wal-Mart (it was a gift, but I don’t think they bought it at Wal-Mart).
There is no law for or against whether you need a receipt to return an item. That is a policy up to the company. If the company refuses to accept the refund without a receipt, your only other recourse would be to go through the manufacturer for a replacement.