Refund or Replacement

Bunnie1982

I was just wondering if someone could advise me please as I'm not 100% certain.

I bought an item which was quite heavily damaged when I got it out of the box at home.

I'm going to take it back to the shop tomorrow, will they just give me a replacement or am I entitled to ask for a refund?

BandJB

It's your choice - don't let them tell you otherwise. The specific item is either not fit for purpose and/or not as described, so the transaction is void and they have to give you your money back if you want.

BTW I once read somewhere that if you accept an offer to repair a faulty item then you, effectively, lose your original 'Sale of Goods' rights if they botch the repair. Not sure if that's actually true but maybe someone else can confirm or refute it.

Bunnie1982

Thanks for your help, I wasn't entirely sure so wanted to check.

Rainbow_Liberty

BandJB wrote: »

BTW I once read somewhere that if you accept an offer to repair a faulty item then you, effectively, lose your original 'Sale of Goods' rights if they botch the repair. Not sure if that's actually true but maybe someone else can confirm or refute it.

I heard that years ago and I do believe in most instances it to be true. I had a Hotpoint washing machine which never ended it's boil cycle, even steamed the paint off the walls it got so hot. I had the engineer out to it 5 times as I didn't know to demand a replacement straight away. I was lucky though as after 9 months of fighting with Hotpoint they arranged to give me a new machine. They then said that the guarantee would only stand for a further 3 months, 12 months from the original receipt date - I fought with the shop I'd bought it from and eventually they agreed to give me a new 12 month guarantee on the new machine.

I learnt my lesson after that, Replace, replace, replace - or refund if I had lost all faith in the product.

4743hudsonj

You dont lose any rights at all for accepting a repair over a refund......

RobertoMoir

BandJB wrote: »

It's your choice - don't let them tell you otherwise. The specific item is either not fit for purpose and/or not as described, so the transaction is void and they have to give you your money back if you want.

BTW I once read somewhere that if you accept an offer to repair a faulty item then you, effectively, lose your original 'Sale of Goods' rights if they botch the repair. Not sure if that's actually true but maybe someone else can confirm or refute it.

Strictly speaking, what the OP needs to do at this point is to reject the goods due to their poor condition rather than say "SOGA allows for repair, replacement or refund and I want a refund".

BandJB

RobertoMoir wrote: »

Strictly speaking, what the OP needs to do at this point is to reject the goods due to their poor condition rather than say "SOGA allows for repair, replacement or refund and I want a refund".

Agreed. The original query was just about 'replace or refund' but I threw in that comment on repairs in case the shop tried it on. (It may have been a damaged panel or glass etc. in the 'item' which could be repaired/replaced.)

Sorry if this muddied the waters!

BillTrac

But surely if you wanted the item in the first place a replacement would be what you wanted, wouldn't it?