Money refund on guarantees???

johidd

Hopefully a simple question!! I have a kettle that broke within the guarantee period so I returned it to the store. They could not replace it with an identical one so I was left with the choice of taking a cheaper one and being refunded with the difference or replacing it with a more expensive kettle and paying the extra.
As the store were being rather unpleasant and unhelpful about this exchange I asked for a monetry refund so that I could spend my money else where. They flatly refused saying that was against company policy.
Can anyone tell me whether there is or is not a legal obligation to refund the cost of an item if it is faulty within the guarantee period?

4743hudsonj

johidd wrote: »

Hopefully a simple question!! I have a kettle that broke within the guarantee period so I returned it to the store. They could not replace it with an identical one so I was left with the choice of taking a cheaper one and being refunded with the difference or replacing it with a more expensive kettle and paying the extra.
As the store were being rather unpleasant and unhelpful about this exchange I asked for a monetry refund so that I could spend my money else where. They flatly refused saying that was against company policy.
Can anyone tell me whether there is or is not a legal obligation to refund the cost of an item if it is faulty within the guarantee period?

How long since purchase?

By the sounds of it its been a fare while (2weeks plus) in which case they are correct, they can offer a replacement if they wish. They could even provide a repair if they wanted. And if they did offer a refund, they could offer a partial one removing a percentages based on how much use you have had out of it compared to its total working life expectancy.

johidd

I claimed at 51 weeks within a two year guarantee.
Surely a guarantee is a guarantee whether you claim after one day or 364 days?

johidd

I have since learned from the CAB that under the sale of goods act the store must either
1. Repair the item or
2. replace the item with an identical product or
3. Replace the item with a cheaper product and refund the difference with the agreement of the customer or
4. Replace the item with a more expensive product and the customer pays the difference with the agreement of the customer or
5. Refund the customer the total amount.

Apparently many stores choose to ignore option 5 unless threatenened with court action

gordikin

What option chosen is retailers decision not customers.

Littlemiss27

As gordikin says, the decision is the retailers. Also regarding point 5, the retail can give a partial refund to take into account usage that the customer has had from the product.

yummymummy79

You're mixing 2 things. Guarantees are given by and therefore enforceable against the manufacturer.
Anything under SOGA is against the retailer and has nothing to do with the guarantee.
So what the guarantee may or may not say has nothing to do with the shop and you can't hold them liable for anything under it.

If you're dealing with the shop under SOGA then a full or partial refund could be possible.
If you're dealing with the manufacturer under the guarantee then you are bound by it's T&Cs are are likely to be looking at repair/replacement as refunds are extremely rare withing guarantees.

Muddling these 2 separate routes makes for extra complication and confusion.

Anihilator

johidd wrote: »

I have since learned from the CAB that under the sale of goods act the store must either
1. Repair the item or
2. replace the item with an identical product or
3. Replace the item with a cheaper product and refund the difference with the agreement of the customer or
4. Replace the item with a more expensive product and the customer pays the difference with the agreement of the customer or
5. Refund the customer the total amount.

Apparently many stores choose to ignore option 5 unless threatenened with court action

Yes but you didnt claim under the SOGA. You claimed under the guarentee and are entirely at the terms of the guarentee

You could go back under the SOGA but you would need to prove that the product was inherently faulty or not durable and then they could offer a partial refund based on its useful life

I personally think a cheaper kettle and refund for the difference or dearer kettle and the extra are pretty fair and legally you wouldnt get any more and probably a lot less.

4743hudsonj

As stated, i was referring to SOGA and what CAB failed to clarify is that the retailer has discretion of what remedy to provide, not you!

johidd

Thanks everyone.
There is a happy ending:- Currys have a "If You Are Not 100% Satisfied With Your Purchase You Can Return Within 28 Days and Get a Full Exchange or Refund" offer. So having paid £4.00 for the exchange upgrade I returned it the next day and got all my money back!!