Toy (Mario Kart 7 RC Vehicle) fails after 5-15 Minutes - TOYWORLD TOWNSVILLE refuses return. What would you do??

LBlueDiesel on 19/08/2014 - 14:56

Hi,

as in the mentioned in the subject. The Mrs went to Toyworld with our Boy on Saturday and he got to pick himself
a reward for being good at school (sort of ;-) ).
So being a big Mario fan our six year old went for the the Maria Kart 7 RC stunt vehicle which they currently have on special for 24.99 (down from 49.99).
So was happy with it for about ten minutes. Than it stopped working. After a while they tried again and did the same thing- worked for 10-15 minutes and cut out.

So today the Mrs went to return it as faulty. They did not believe her and tried them self (after making her wait for a fair while till one of the guys was available).
He tried and after 5-10 minutes it did cut out. So he went and got the manual. Checked it and found:
"If the vehicle stops after PROLONGED period of operation, turn off vehicle and controller, remove batteries from vehicle and cease operation for ten (10) minutes. Reinsert batteries and resume play."
So he claimed that this Kart cutting out after about ten minutes was normal and therefore it wasn't faulty and could not be returned.
-Mind you we are talking about a Toy rated 6+ and that needs a screwdriver to remove/install the batteries.
And even if its supposed to cut out after a prolonged time - I am still sure this this one must be faulty as you can not tell me that 10 minutes are considered prolonged and that you need to go through this 10-15 minutes procedure every 10 minutes…-

When I came home I could not believe it, so I went to see them myself (not so much about the $25 but about the case in general).
As Carl ,the young guy who Mrs had dealt with, was on lunch I ended up talking to John the Manager.
I told him the story and he confirmed that it was not faulty and could therefore not be returned (he also mentioned that it might because of the batteries not lasting long in these (10 minutes for 4XAAA serious???).
Anyway we waited for Carl to come back and he confirmed the story which even made the manager happier to stick with the non faulty version. He said it works as it is supposed to and it is mentioned in the manual and therefore not faulty.
I told him that it does not say anything at all about this on the box and that you would have to open the box to get to the manual to find out about this (catch 22 anyone).
Anyway we kept discussing for a while and he kept insisting that I need to take it up with the manufacturer.
So I left (not before getting in writing from him that he refuses to return Toy).
At home when I checked the box I found two phone numbers : one for the US and one for Europe. But it also states: Outside of the US, contact your local distributor (Toyworld Townsville???).
So I looked up Toyworlds head office in Victoria and contacted them but they only said they don't deal with complaints and I had to discuss it with my local store?!

What would you do? I would hate simply swallow it…..

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Comments

  • pjetson on 19/08/2014 - 15:28
    +1

    Tomy's local agent's details (according to Google):

    942 - 956 Taylors Rd
    Dandenong South, VIC, 3175

    Postal Address:
    P O Box 4460
    Dandenong South VIC 3175

    Phone:(+61-3) 9799.5500 (03)
    Fax:(+61-3) 9799.5599 (03)

    • BlueDiesel on 19/08/2014 - 15:37

      Thanks. That's a good start.
      Even though I can already hear them :"Na its not faulty, it is doing what it is supposed to do…." ;-)

    • BlueDiesel on 19/08/2014 - 16:14

      I spoke to Tomy and after a while a Lady from customer care got back to me:

      Yes it is working as supposed to BUT if I wasn't happy with it I could return it.
      She asked me to get Toyworld Townsville to contact them to get an authorization to return it.

      Called my old mate John but he still wasn't convince, he told me that he will have "a chat" to them and hung up on me……

  • Shadow54 on 19/08/2014 - 19:33
    +2

    The toy may or may not be defective per your description but it is "unfit for purpose". Per Oz consumer law an article may be returned for a refund if unfit for purpose. Any further hassles, contact Consumer Affairs in your state.

    • BlueDiesel on 20/08/2014 - 09:16

      Thanks. I sort of thinking the same: "unfit for purpose" ( a 6+ toy which only works for ten minutes before needing to be disassembled and reassembled with a screw driver????)
      But I did not know how to properly express this and I also was wondering if this issue wasn't to minor for something like consumer affairs.
      Not like I hadn't looked them up yet ;-)

      Street address
      Office of Fair Trading
      4th Floor
      State Government Building
      187 Stanley Street (corner of Walker Street)
      TOWNSVILLE QLD 4810
      Opening hours
      Monday, Wednesday–Friday
      8:30am–4:30pm
      Tuesday
      9:30am–4:30pm
      Saturday–Sunday, Public Holidays
      Closed

    • SirFlibbled on 20/08/2014 - 14:30
      +1

      This was what I was about to post. I don't consider 5-10 minutes of playing 'prolonged' and therefore it's unfit for purpose.

  • [Deactivated] on 20/08/2014 - 09:28
    +2

    No poll? Bikies?

    Gather as many OzBargainers as you can. Everyone gets dressed up in Mario costumes and storms Toyworld on miniature motorbikes.

    I bags being Bowser.

  • BlueDiesel on 22/08/2014 - 11:42

    Thought I give an update:

    After speaking to Tomy and Toyworld on Tuesday I thought I had given Toyworld enough time to get in contact with Tomy to confirm my story.
    So I tried to get hold of the Toyworld manager today (but he was out for a coffee) as I wanted to avoid another trip in vain.
    Than I thought I'd give the helpful from Lady from Tomy a call and find out if she heard back from Toyworld.
    Turns out she only works Monday-Wednesday and her colleague was not aware of this issue.
    So I gave her a brief run down of events. First thing she asks me is what batteries I use (pffff).
    I told here we are using brand new "Varta LongLife" and she replied that they recommend to use Duracell or Energiser (???!!!).
    I than replied that her colleague after speaking to someone in her office on Monday was told that this was a common thing (not a fault) for these to cut out after such short time.
    Todays lady replied that they never have issues with this particular toy.
    She than told me that I could go back to store and ask them to contact Tomy for a refund (just like the lady on Tuesday).
    Followed by a : WAIT!
    Then she asked what store that was again, to which I replied Toyworld (Townsville). She than asked me for my details and said that she was going to get back to me within the next 30 minutes as she would check their stock to see if they had any units there she could send as a replacement.
    I replied that it wasn't about the $25 (from the start) but about the Toy not being fit for purpose/or broken and than the attitude from Toyworld staff and that I would also be happy with a replacement.
    More like an hour later she now contacted me again to tell me the good news:
    They do have one left BUT I would have return mine and they would have to test if first to confirm the fault….
    This is their replacement policy - apparently (after twice almost getting the go ahead to return it without any drama, sure…).
    I obviously wasn't to happy about this move and she told me that is all she could do.
    So I asked her for the details (mind you it is reply paid, so they pay for the shipping).
    When I asked her what if the item gets lost one the way she said she would not know but it should not get lost (we never had that before)……

    I can not believe it . I am quite sure if I send it in (and it gets there) it is either "working fine" as it is supposed to or it got broken on the way (because she kept stressing how it was my responsibility to make sure it is packed properly).

    I would love to simply put in the rubbish and get over it. But than again I think is what they are hoping for.
    I guess they haven't heard of the internet, have they?
    I also have not left any comment on Toyworld Townsvilles Facebook page, yet. But I think this might have to change. (maybe I should also post this on whirlpool). Or do you think I am unreasonable and should just return it or get over it? I don't think so.

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