advice about my rights?

Moringa88

Hi there

My 16 year old sister bought a bag from Primark on 22nd May, she used it for the first time about a week later and the strap broke. She went to take it back today as she hadn't had chance before due to sitting her GCSEs. Anyway Primark said that they would only give her back £3 as that's what the bag is now selling for and because it's been over 28 days, even though she has a receipt saying she paid £6 for it.

Is this right? I know it's only £3 but I feel like she's been fobbed off because of her age and they think they can get away with it. I want to ring them and complain but want to make sure I've got my facts right first!

Freddie_Snowbits

If the item is faulty, and she has the reciept, it should be honoured by them. SOGA experts will be along to clarify Freddie's opinion

4743hudsonj

As said the sale of goods act allows a remedy for up to 6 years so none of their policies can overrule this. They can either offer a refund or replacement but the refund can be partial depending on enjoyment received.

This is what they have done and is technically allowed however i would disagree with the offer of £3. Id just kick up a bit of a fuss and push for £5 minimum but if they wont budge then ask for a replacement.

Moringa88

Thanks. I just feel like they thought they could get away with it so they tried. But fair enough partial refunding for use, but it broke after an hour!

Just spoke to her again and they offered her not even £3 refund, but £3 exchange, which I only just realised she accepted! So she now just has goods to the value of £3. Since she accepted it, there's not much can be done now I suppose. I may ring and have a moan anyway though!

4743hudsonj

lisaanne wrote: »

Thanks. I just feel like they thought they could get away with it so they tried. But fair enough partial refunding for use, but it broke after an hour!

Just spoke to her again and they offered her not even £3 refund, but £3 exchange, which I only just realised she accepted! So she now just has goods to the value of £3. Since she accepted it, there's not much can be done now I suppose. I may ring and have a moan anyway though!

I wouldnt bother, stores often get people coming in saying ive only used it once etc. Some are lying some are truthful but you cant tell so most just go on time elapsed which in your case was a month or so.

I still dont agree with the amount of the exchange part but whats done is done.

unholyangel

lisaanne wrote: »

Hi there

My 16 year old sister bought a bag from Primark on 22nd May, she used it for the first time about a week later and the strap broke. She went to take it back today as she hadn't had chance before due to sitting her GCSEs. Anyway Primark said that they would only give her back £3 as that's what the bag is now selling for and because it's been over 28 days, even though she has a receipt saying she paid £6 for it.

Is this right? I know it's only £3 but I feel like she's been fobbed off because of her age and they think they can get away with it. I want to ring them and complain but want to make sure I've got my facts right first!

For future reference, i believe the only time stores can do this is if there is no receipt to prove price at purchase (but that they've accepted it was bought from their store - maybe branded). They are allowed to only offer current selling value.

Even though she has accepted, i would still write to their store or at head office and explain your complaint. They may give you the remaining £3

Quite bad of them to take advantage of someones lack of SOGA knowledge imo.

4743hudsonj

Incorrect, Soga allows partial refunds as a remedy and they do not have to offer anything if proof of purchase isnt provided so your remarks about the receipt and current selling value are moot.

unholyangel

4743hudsonj wrote: »

Incorrect, Soga allows partial refunds as a remedy and they do not have to offer anything if proof of purchase isnt provided so your remarks about the receipt and current selling value are moot.

Partial refunds are usually where the goods can still be used. And while customers can accept partial refunds, it doesnt mean they're not entitled to full refunds.

And i didnt say they HAVE to offer anything if POP isnt provided.........i said "i believe" (notice those words there, meaning it is not fact) the only time they offer partial is if they have acknowledged the goods are from them but no receipt can be provided - meaning date of purchase and price of purchase cannot be confirmed.

Please read what i write before trying to correct me Thanks.

4743hudsonj

unholyangel wrote: »

Partial refunds are usually where the goods can still be used. And while customers can accept partial refunds, it doesnt mean they're not entitled to full refunds.

And i didnt say they HAVE to offer anything if POP isnt provided.........i said "i believe" (notice those words there, meaning it is not fact) the only time they offer partial is if they have acknowledged the goods are from them but no receipt can be provided - meaning date of purchase and price of purchase cannot be confirmed.

Please read what i write before trying to correct me Thanks.

Sorry my first post was a little blunt, was not meant to be rude.

Wether say you believe or not, it was incorrect so i corrected it, i didnt meant it to be rude so sorry for that. We dont want people going into shops saying its a right to a full refund (in this case i beleive this was the case) when in other situations a partial refund may be a perfectly acceptable remedy.:beer:

Coopdivi

If the bags are now going for £3 why doesn't she just buy one with the money she got refunded? After all it was what she wanted in the first place.

Or am I missing something?

4743hudsonj

Coopdivi wrote: »

If the bags are now going for £3 why doesn't she just buy one with the money she got refunded? After all it was what she wanted in the first place.

Or am I missing something?

Very good point, its basically a replacement.