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Entitled To Refund ?

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Comments

  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't understand why you are still arguing. It is up to the retailer to ultimately decide what to offer. They have chosen a replacement.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • dan_l
    dan_l Posts: 206 Forumite
    Part of the Furniture Combo Breaker
    I have been sold goods for £400+ that lasted only 3.5 months before developing a fault. I think this is unreasonable.

    If I read the content of this website about Consumer Rights it suggests that I should be entitled to either having the goods fixed, replaced or receiving a refund.

    I am trying to understand under what circumstances one is entitled to a cash refund?

    Do you have an opinion on that ?

    It seems pretty clear to me, you are entitled to either a repair, refund or replacement and you can request which one you would prefer to the retailer but ultimately the decision is down to them.
  • visidigi
    visidigi Posts: 6,733 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You have to give the retailer the opportunity to return you to the state you were in when you first left the shop with the device.

    They are doing that - I admire your honesty in the whole revelation about an Ipad 2 but the fact remains, JL are doing what they are expected to under law. When would you qualify for a refund? If it had broken 3+ times in warranty period (following the ample time to repair proceedures most manufacturers follow) or if they could not find a replacement of equal or better features and functions to your ORIGINAL purchase.

    You have to remember, Apple will replace the device for JL, its not ACTUALLY costing JL any money to do what they are doing, but your refund request which you're after would cost them all the money they've been given for the device by you in the first place.

    Alas, as much as I like the honesty, its not going to happen...
  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    One possibility would be to ask for a credit note and then use that towards your new ipad wether or not they agree though is entirely upto them.
  • dan_l wrote: »
    It seems pretty clear to me, you are entitled to either a repair, refund or replacement and you can request which one you would prefer to the retailer but ultimately the decision is down to them.

    So basically, if a retailer sells faulty goods, the retailer can decide whether to repair or replace the faulty goods or to refund the payment. The person who was sold the faulty goods has NO RIGHT to choose how the person selling the faulty goods should compensate them. WOW we really showed them !!!
  • zppp
    zppp Posts: 2,476 Forumite
    So basically, if a retailer sells faulty goods, the retailer can decide whether to repair or replace the faulty goods or to refund the payment. The person who was sold the faulty goods has NO RIGHT to choose how the person selling the faulty goods should compensate them. WOW we really showed them !!!

    I think you are arguing with the wrong people here. We don't make the law in this country. You have asked what your legal consumer rights are.

    You have had your answer. The retailer must provide a remedy if the product develops a fault, what that remedy is to fix it, is completely at their discretion.

    It may not be what you want to hear, but it is a matter of fact.
    Best Regards

    zppp :)

  • visidigi wrote: »
    You have to give the retailer the opportunity to return you to the state you were in when you first left the shop with the device.

    They are doing that - I admire your honesty in the whole revelation about an Ipad 2 but the fact remains, JL are doing what they are expected to under law. When would you qualify for a refund? If it had broken 3+ times in warranty period (following the ample time to repair proceedures most manufacturers follow) or if they could not find a replacement of equal or better features and functions to your ORIGINAL purchase.

    You have to remember, Apple will replace the device for JL, its not ACTUALLY costing JL any money to do what they are doing, but your refund request which you're after would cost them all the money they've been given for the device by you in the first place.

    Alas, as much as I like the honesty, its not going to happen...


    When I left the shop in December I had the most up-to-date version of the iPad in my bag. Therefore, if I am truely entitled to be returned to the same position, shouldn't I be entitled to leave the shop with the most up-to-date version of the IPad in my bag once more ?
  • dan_l
    dan_l Posts: 206 Forumite
    Part of the Furniture Combo Breaker
    When I left the shop in December I had the most up-to-date version of the iPad in my bag. Therefore, if I am truely entitled to be returned to the same position, shouldn't I be entitled to leave the shop with the most up-to-date version of the IPad in my bag once more ?
    I think you know the answer to that.
    It's pretty clear you are hoping to find a law/right which will allow you to get an Ipad 2 because your Ipad 1 broke but unless John Lewis do you a favour and let you swap it for the newer version, it aint going to happen.
    If the law worked like this think how many people would be "finding faults" 11 months into their warranty so they could get a newer model.
  • zppp wrote: »
    I think you are arguing with the wrong people here. We don't make the law in this country. You have asked what your legal consumer rights are.

    You have had your answer. The retailer must provide a remedy if the product develops a fault, what that remedy is to fix it, is completely at their discretion.

    It may not be what you want to hear, but it is a matter of fact.

    I am not arguing. I am not in possession of enough knowledge to argue. I am trying to FULLY understand MY RIGHTS. It appears that I have some rights but not nearly as many rights as the person who sold me the faulty goods. That seems unfair and it is not the initial impression you get from reading the Consumer Rights section of this website. The reality is that the retailer still has me held by the short and curlies.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    edited 26 April 2011 at 2:47PM
    When I left the shop in December I had the most up-to-date version of the iPad in my bag. Therefore, if I am truely entitled to be returned to the same position, shouldn't I be entitled to leave the shop with the most up-to-date version of the IPad in my bag once more ?

    Forget your 'entitlements' for a moment (which incidentally JL have fulfilled)... have you done what phoodless has suggested and nicely asked JL if they'll consider replacing your iPad with an iPad2. Although I'd suggest climbing down a few moral notches first. You seem a bit ranty...
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
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