The Danish company Top-Toy A/S declared bankruptcy on 28 December 2018. Top-Toy is the owner of the Nordic toy store chains, BR-Lelut and TOYS”R”US, which will cease operations in Finland on 31 December 2018 at the latest. Finnish consumers in possession of unused gift cards to these toy stores must claim a refund from the bankruptcy estate in Denmark. In the case of undelivered products purchased online by credit card, chargeback may also be claimed from the credit card company that financed the sale. Delivery has been promised for those online purchases for which the customer has received an order confirmation.
When a company has been declared bankrupt, it no longer has the right to dispose of the assets that belong to the bankruptcy estate. These assets are managed by an estate administrator appointed by a court of law. In this case, the bankruptcy proceedings are governed by Danish law.
We advise that consumers follow news of the company and bankruptcy estate at the address https://top-toy.com/. The estate administrator may be reached by email at firstname.lastname@example.org
Refund of unused gift cards
The bankruptcy estate has announced that it will refund unused gift cards purchased on or after 30 November 2018. Requests for refund will be processed as quickly as possible.
Consumers must send a copy or photo of both the gift card and receipt to the bankruptcy estate email address at email@example.com. The photo/copy must display the gift card number and the date of purchase on the receipt. In the email, also provide your name and bank account number in IBAN format. The refund will be paid to the stated account. It is advisable to write the email in English, if possible.
According to the bankruptcy estate, the refund of gift cards purchased before 30 November 2018 is unlikely, and any claims regarding these will be processed at a later date. Despite this, claims for refund may be sent to the estate administrator also for these gift cards according to the above instructions, provided that you still have the receipt.
Product exchanges possible only until 31 December 2018
Products with a valid exchange or return period may, at this point, be exchanged only on 31 December 2018 in open TOYS”R”Us and BR-Lelut stores, regardless of which chain they were originally purchased. Only product exchanges are possible, not returns for a refund. Gift cards will not be refunded in stores.
All BR-Lelut and TOYS”R”US stores will close permanently in Finland on 31 December 2018.
Online store purchases that will not be delivered
The company has announced that those online store purchases for which the customer has received an order confirmation will be delivered.
If you have ordered and pre-paid a product from the online store of a company that has been declared bankrupt and the product is not delivered, the chances of getting your money back depend on the method of payment used.
If you have paid the non-delivered online store purchase or gift card by credit card, instead of the bankruptcy estate, it is possible to claim a chargeback from the credit card company under the Consumer Protection Act. You may also be able to request a chargeback on debit card payments if your card issuer’s terms and conditions provide for this.
In cases where the purchase has been paid in the online store, consumers may claim for a refund of non-delivered products from the bankruptcy estate.
In the event of defective products purchased from the company prior to its bankruptcy, a claim may be filed to the manufacturer, the importer, or any other company representing previous stages of the sales process, in order to receive compensation in accordance with the warranty terms and conditions or statutory liability for defects.
If the product was paid for by credit card or other form of credit granted to finance the purchase, you may also file a claim to the credit provider.
Advice and further information
Consumers may contact the European Consumer Centre (ECC) Finland for advice, and also for assistance in drafting a refund claim in English.
The ECC Finland can be reached by email at ECCNET-FI@ec.europa.eu.
Note please! The ECC Finland’s telephone service is closed until 3 January 2018 due to technical upgrades. The ECC Finland’s telephone service will next be open on Friday, 4 January from 9 am – 12 noon, tel. +358 29 553 9500
You can find general information on bankruptcies on the Finnish Competition and Consumer Authority website: https://www.kkv.fi/en/facts-and-advice/buying-and-selling/bankruptcies/