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Item now £30 Cheaper and Faulty After 2 Days

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  • berr.gov on SOGA::
    If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

    Martin on SOGA:
    The amount of time you have to check whether goods are faulty depends on what is reasonable for that product. E.g. it takes longer to check a speedboat than a kettle. However in truth you really should try and complain within a week. Do that and you are entitled to a full refund.

    Leave it longer and providing the goods were faulty when you bought them your right to a full refund may be lost. However you're still entitled to a replacement, a reduction, or a credit note.

    I think you're still in a reasonable length of time. If you use the DSR you may lose out on return postage, but with SOGA they'd have to reimburse you for that.
  • gohan2091
    gohan2091 Posts: 301 Forumite
    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! ;)

    They wouldn't be allowed to do that. They would have to follow the price on the original transaction. Since I ask for a full refund, the transaction would be over and I can place a new transaction.
    DrScotsman wrote: »
    berr.gov on SOGA::


    Martin on SOGA:


    I think you're still in a reasonable length of time. If you use the DSR you may lose out on return postage, but with SOGA they'd have to reimburse you for that.

    Would I lose out on return postage? They have already collected the speakers from my home because they were faulty. I will wait and see what they say.

    Thanks all
  • gohan2091 wrote: »
    Would I lose out on return postage? They have already collected the speakers from my home because they were faulty. I will wait and see what they say.

    Oh. Then you're probably fine :p
  • vicx
    vicx Posts: 3,091 Forumite
    edited 8 December 2009 at 11:08PM
    Stores / Online retailers usually collect the item(s) free of charge if they are faulty.

    Does the website you purchased these speakers from not have a price promise guarantee like Currys, Comet, PC World do? They offer to match the price plus 10% of the difference. Their price promise even applies up to 7 days after purchase. If not then I doubt they would refund the £30 difference.
    A home without a dog is like a flower without petals.
  • vicx wrote: »
    Stores / Online retailers usually collect the item(s) free of charge if they are faulty.

    Does the website you purchased these speakers from not have a price promise guarantee like Currys, Coment, PC World do? They offer to match the price plus 10% of the difference. Their price promise even applies up to 7 days after purchase. If not then I doubt they would refund the £30 difference.

    No, not that I know of, it would be good if they did though. They said via email today this:
    We agreed the return on the basis that it was faulty so the 7 days doesn't apply here and this will be credited once booked in.

    What does the word credited mean in this message? I can be credited with a refund? Or could that mean credited by a new set of speakers?
  • vicx
    vicx Posts: 3,091 Forumite
    It sounds as though you will be credited with a refund once they have checked the item you returned.
    A home without a dog is like a flower without petals.
  • At 3:40am I received an email with a PDF file attached. Opening the PDF file shows a credit note which I have uploaded here

    What is this? Since it mentions credit card, I am guessing this will turn into a refund? What I am confused about is the despatch date. A despatch date for a refund? Refunds aren't "Dispatched" and sorry if this is a dumb question.

    Thanks for any help
  • woody01
    woody01 Posts: 1,918 Forumite
    gohan2091 wrote: »
    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:



    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
    And here we have someone else chelping on about SOGA when they clearly have NO IDEA what the regulations are surrounding it.

    You ARE NOT entitled to a refund at all under SOGA, you are entitled to a refund, a repair, or a replacement, and you do not get to chose which as this is up to the retailer, so i would expect Misco are having a good chuckle at your expense.

    This si nothing more than buyers remorse.
  • woody01 wrote: »
    And here we have someone else chelping on about SOGA when they clearly have NO IDEA what the regulations are surrounding it.

    You ARE NOT entitled to a refund at all under SOGA, you are entitled to a refund, a repair, or a replacement, and you do not get to chose which as this is up to the retailer, so i would expect Misco are having a good chuckle at your expense.

    This si nothing more than buyers remorse.

    This is true but I am not just writing because of the refund, I am also writing because of the price difference 2 days after I ordered. I was under the impression that if I changed my mind about an item, I am entitled to a full refund providing I return the item at my own expense, and I have 7 days to do this. Since the item is also faulty, Misco's policy is that they will arrange collection of the faulty item at their expense. This is all mentioned on Misco's website here
    (a) You are entitled to cancel your Order for any reason until, but no later than the end of the 7th Working Day after the day of receipt of the Goods.

    (e) When you cancel an Order, we will refund the price paid, less any direct cost of recovering the Goods (when applicable), within a period of 30 days from the date of cancellation.
    The two polices are merged (Faulty item and right to cancel) which is quite confusing. Misco did say in their terms a full refund will be issued less the direct cost of recovering the goods, but the credit note doesn't deduct this.
  • DrScotsman
    DrScotsman Posts: 996 Forumite
    Part of the Furniture Combo Breaker
    edited 10 December 2009 at 9:48AM
    woody01 wrote: »
    And here we have someone else chelping on about SOGA when they clearly have NO IDEA what the regulations are surrounding it.

    You ARE NOT entitled to a refund at all under SOGA, you are entitled to a refund, a repair, or a replacement, and you do not get to chose which as this is up to the retailer, so i would expect Misco are having a good chuckle at your expense.

    This si nothing more than buyers remorse.

    Wrong wrong wrong wrong!

    See my post including Martin's quote. You are entitled to a full refund if there is an fault with the goods at the time of buying them, and you have brought this to the attention of the retailer within a reasonable length of time - reasonable length depending on the item and circumstances.

    The refund/repair/replacement is for when there is a fault with the goods that you have not brought to the attention of the retailer within this reasonable length of time.

    Note that the "reasonable length of time" I'm referring to is not the same as the "reasonable length of time" that the goods are supposed to last.

    I haven't managed to find the exact section of the act that states this but it's mentioned on several reputable sites
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