Item now £30 Cheaper and Faulty After 2 Days

gohan2091

I placed an order for a set of Logitech Z-Cinema 2.1 speakers from Misco.co.uk for £85 (VAT included) on 29th November and received them 2nd December. A day later, I visited Misco's website and noticed the speakers are now advertised for £57 (VAT included). This is almost a £30 saving. I was wondering if there is anything I can do? Can I demand a refund for the difference? Or am I wrong to expect this? ALSO...

The speakers after just a couple of days became faulty so they have been returned to Misco (at their expense). I attached a note in the parcel explaining the fault, explaining what I have done to try fix the fault and explained the price diference. I also wrote at the end of the note this:

I would NOT like a replacement set, I would like a full refund. Under the Sales of Goods Act 1979 I am entitled to a full refund proving I contact you "within a reasonable time". Since the fault happened on the second day, this is "within a reasonable time".

If Misco replaces the speakers and send them to me, do I have to accept this? Or should I really be getting the full refund I have asked? I plan to re-order the same speakers from Misco for the new lower price but am only doing this because they are faulty, if they had not developed a fault, I would have just accepted the fact that I was a little unlucky placing an order 2 days before the price fell.

I appreciate any advice, thanks

Anihilator

Yes under the SOGA a replacement would be acceptable.

You should have been using the DSR however it may be that your time to do so is up by the time your in a position to return the items.

I'd suggest calling them telling them you wish to reject under the DSR so not to send a replacement.

However I doubt in this case they will be willing to sell again at £57 if they notice.

gohan2091

Anihilator wrote: »

Yes under the SOGA a replacement would be acceptable.

You should have been using the DSR however it may be that your time to do so is up by the time your in a position to return the items.

I'd suggest calling them telling them you wish to reject under the DSR so not to send a replacement.

However I doubt in this case they will be willing to sell again at £57 if they notice.

Hi there,

What is the DSR? I did call them to arrange the speakers to be collected. They were quite rude on the phone and the technician said I must have had the settings wrong when there are only 3 settings to change (volume, bass and treble). He even went as far as saying I only am reporting these speakers as faulty because of the price drop which is completely untrue.

They sell the speakers for £57 to anyone now, if I do get a full refund, I would just place a new order.

Anihilator

gohan2091 wrote: »

Hi there,

What is the DSR? I did call them to arrange the speakers to be collected. They were quite rude on the phone and the technician said I must have had the settings wrong when there are only 3 settings to change (volume, bass and treble). He even went as far as saying I only am reporting these speakers as faulty because of the price drop which is completely untrue.

They sell the speakers for £57 to anyone now, if I do get a full refund, I would just place a new order.

Distance Selling Regulations

And they could reject the new order if they so wish.

gohan2091

Anihilator wrote: »

Distance Selling Regulations

And they could reject the new order if they so wish.

On what grounds can the retailer reject a new order? If I do get a refund, I would probably purchase using another card to another address to avoid this if you say this could happen.

They collected the speakers today and should be receiving them tomorrow. Should I send an email now saying I wish to cancel under the DSR? or would my note in the package already cover this even though I never mentioned DSR?

Anihilator

gohan2091 wrote: »

On what grounds can the retailer reject a new order? If I do get a refund, I would probably purchase using another card to another address to avoid this if you say this could happen.

They collected the speakers today and should be receiving them tomorrow. Should I send an email now saying I wish to cancel under the DSR? or would my note in the package already cover this even though I never mentioned DSR?

They don't need to accept any order they dont want too. If they track the order back to you then its possible they will reject it.

dmg24

The way you are coming across in your posts sounds like you are saying they are faulty due to the price drop. After all, surely you would go for a different brand/ model if something could become faulty so quickly?

gohan2091

dmg24 wrote: »

The way you are coming across in your posts sounds like you are saying they are faulty due to the price drop. After all, surely you would go for a different brand/ model if something could become faulty so quickly?

I understand I sound like that but honestly, they did become faulty that quickly. Logitech I consider a good brand, my dad has a set of 2 year old Logitech Z4 speakers and they are still working today. I own a Logitech mouse which is still going strong 4 years later. It's just the way it is, sometimes things become faulty, it doesn't mean the brand are bad or the product poor.

dmg24

gohan2091 wrote: »

I understand I sound like that but honestly, they did become faulty that quickly. Logitech I consider a good brand, my dad has a set of 2 year old Logitech Z4 speakers and they are still working today. I own a Logitech mouse which is still going strong 4 years later. It's just the way it is, sometimes things become faulty, it doesn't mean the brand are bad or the product poor.

So why not accept a replacement if offered? Because you want to buy them at the new lower price by any chance?

gohan2091

dmg24 wrote: »

So why not accept a replacement if offered? Because you want to buy them at the new lower price by any chance?

Of course! but I already said, if the speakers were not faulty, I would have just accepted that I was unlucky with the timing and left it at that, now the speakers are faulty, of course I want the new, reduced price... who wouldn't? Literatelly 2 days after I ordered them, they have been reduced by £30, that is very frustrating.

somethingcorporate

If they had gone up by £30 how would you feel if they asked you to pay another £30 for the replacement set?

That's probably how they feel when they read your note.

Return them under the Distance Selling Regs and hope they do not notice it is you ordering them again! (alternatively order them under a partner / parents name).

Good luck!