Go Outdoors returns help needed.

morganste

Hi there,

I'm calling on you moneysavers to give me some advise!

I bought a pair of Brasher Akutan GTX boots from Go Outdoors back in December.

The first time I wore the boots on a 5 mile hike, they let water in and the inner sock came away from the inner.

I returned the boots a fortnight ago today and Go Outdoors said they would have to be sent off to Brasher for examination and they'd make a descision within the next few weeks.

I've had a phone call this morning telling me this morning that Brasher agree that the boots were faulty and a credit will be issued. But the problem is when I bought the boots back in December they were on offer from £115 to £49.99 so the credit note would be for £49.99 which is understandable. At this point I asked the person on the phone for a straight exchange for the same boots which he agreed to, but the boots have been discontinued so I have no option but to except the credit note of £49.99.

If I were to go into the shop today with the credit note and buy the equivalent boot it would cost me the credit note plus £62 whic puts me back to square one and I may aswell have paid full price for the original boots.

Can anyone help me as to where I stand in this situation and advice on how to tackle the problem.

Sorry for going on a bit!

Steve

halibut2209

Your only option is to say you want a refund of the £49.99, not a credit note. They have agreed that the boots are not fit for use (though you don't have that in writing which could be a problem), and thus you are entitled to a refund of what you paid, not what an equivalent item now costs.

morganste

I understand that fully, but the boots have been discontinued in-between me buying them and returning them, so am I not entitled to an exchange of a similar item?

Forwandert

You want a cash refund can't see why they are only offering a credit note for a faulty item which they can't replace for you, as for the money to be refunded it should be for the same amount paid which is £49.99.

halibut2209

"am I not entitled to an exchange of a similar item?"

No, as that would put the retailer out of pocket. You paid £50 and are entitled to that back.

Optimist

OP. DO NOT ACCEPT THE CREDIT NOTE.

You need to go into writing with Go Outdoors and point out that they are liable under the Sale Of Goods Act for loss of bargain. Point out that Section 51 of SOGA enables you to bring a action for non delivery.

You have the right to the difference between the normal selling price of the boots and the price at which the contract was made with the retailer. You have a duty to mitigate your loss so the court would expect that price to be the cheapest you could buy it elsewhere.

If you want to be really impressive I can give you case law but at this point in time keeping it simple might be best

If you paid by credit card then the credit company are equally liable and it might be easier if you would rather not go to court assuming Go Outdoors wish to argue.

morganste

Thanks for everyones help and to Optimist for the info.

Following on from your info about loss of bargain i phoned the consumer rights line, an they informed me that my case doesnt fall into that category.

Yesterday i went to the store and confronted them about a replacement pair of boots, and they magically seemed to find a pair for an exchange. So a waste of my time and a waste of yours, but im all sorted now so thankyou!!

PZH

morganste wrote: »

Thanks for everyones help and to Optimist for the info.

Following on from your info about loss of bargain i phoned the consumer rights line, an they informed me that my case doesnt fall into that category.

Yesterday i went to the store and confronted them about a replacement pair of boots, and they magically seemed to find a pair for an exchange. So a waste of my time and a waste of yours, but im all sorted now so thankyou!!

Well done and a nice result :T

Let's hope the new boots last a bit longer.

Thanks for the update - it is always good to learn of any outcome. :beer:

CoolHotCold

I'm not exactly sure where loss of bargain comes in.
if a exchange or replacement is prohibitively expensive for the retailer then they can offer a refund.

Section 48B states (part 3)

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is--

(a) impossible, or

(b) disproportionate in comparison to the other of those remedies, or

(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

But its all sorted anyway, just thought I'd point out what it states in the SoGA

Optimist

CoolHotCold wrote: »

I'm not exactly sure where loss of bargain comes in.if a exchange or replacement is prohibitively expensive for the retailer then they can offer a refund.

Section 48B states (part 3)


But its all sorted anyway, just thought I'd point out what it states in the SoGA

Section 51 SOGA, plus Common Law, as Lord Justice Moore Blick stated in Stocznia Gdynia SA v Gearbulk Holdings Ltd [2009] "It is inherent in the nature of a legally binding contract that each party expects to obtain the benefit of the bargain into which he has entered, or, if the contract is not performed, a right to recover compensation in the form of damages for the loss of that benefit"

I very much doubt that Go Outdoors would have even defended a action against them for such a low value. The easiest and cheapest option was to fulfil the contract