Want a replacement NOT refund. Please help.

tirlittan

Hi peeps.

Is there anyone who can help clarify my legal position?

I bought a waterproof jacket from gooutdoors on sale for half price (£100 and think I probably paid by credit card) about 9 months ago. Couple of weeks ago the zip of one pocket started to come undone. Took it back to shop, they send it to manufacturer's. They decided to offer me a new jacket instead of fixing it. I chose colour blue. Week went on, today they called to say that they didn't have that colour in stock (not sure if this is the manufacturer or shop or both) and have decided to refund me. I said I'm not happy with that cos I can't get the same jacket for that price anymore (it was last year's colour therefore on sale) and I'd be happy with any colour or them fixing the original. Is it my choice or theirs to offer me what they want?

Thanks in advance.

PZH

tirlittan wrote: »

Is it my choice or theirs to offer me what they want?

Unfortunately, I believe it is theirs.

To be honest - a full refund after 9 months is not bad at all - they could deduct a percentage for use.

The fact you got it in a sale and cannot get one for the same price is irrlevant.

tirlittan

Thanks for quick reply. Where would there be info to confirm that? Still negotiating so might still turn ok for me. Fingers crossed.
However, if they've offered me a new as replacement, surely they should honour that and offer me either of the other colours rather than just changing their minds?

shaun_from_Africa

You can ask for a replacment or repair but the shop can refuse this if they can't supply the required goods or if it is too costly or difficult for them to do so.
As the colour that you want is no longer available, they are well within their rights to offer a refund. (in fact, they don't legally have to offer you a full refund, as they can make a partial deduction to cover the 9 months that you have had use of the jacket, although this doesn't seem to happen very often).

http://www.legislation.gov.uk/ukpga/1979/54


F40 48BRepair or replacement of the goods

(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

tirlittan

phoodless wrote: »

To be honest - a full refund after 9 months is not bad at all - they could deduct a percentage for use.

QUOTE]

I wouldn't say that's good - that's my statutory right under consumer act 1979.

tirlittan

shaun_from_Africa wrote: »

You can ask for a replacment or repair but the shop can refuse this if they can't supply the required goods or if it is too costly or difficult for them to do so.
As the colour that you want is no longer available, they are well within their rights to offer a refund. (in fact, they don't legally have to offer you a full refund, as they can make a partial deduction to cover the 9 months that you have had use of the jacket, although this doesn't seem to happen very often).

http://www.legislation.gov.uk/ukpga/1979/54


F40 48BRepair or replacement of the goods

I just picked the colour I liked best, I would've rather had one that was available. Please have a look at my post above yours.
Thanks for your input though,very much appreciated.

shaun_from_Africa

that's my statutory right under consumer act 1979.

& this is the bit about reducing the refund from the full amount paid.

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him

tirlittan

Ok thanks. I'm not trying to contradict you, just understand. I don't know the act that well to be honest. but why do I need to suffer for the bad quality of the product?

tirlittan

Ok, so read that section and I don't see why repairing the pocket would come under any of these

(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.

So, if I can't get a replacement, which they offered and went only back on because I had to choose a preferred colour that wasn't in stock, surely I'm still within my rights to ask the original one to be repaired? I'm not giving up without a fight. It's a damn good jacket and I love the original colour though as I said, would take any colour to get that jacket.

shaun_from_Africa

surely I'm still within my rights to ask the original one to be repaired?

I'm afraid not.
As I said earlier, you can ask but they can refuse if the repair if it is "disproportionate in comparison to the other of those remedies", and they will probably state that getting hold of a replacment zip and paying for it to be fitted then having it inspected will be more expensive than either refunding you the price you paid and is therefore disproportionate.

By offering you a refund, they have fulfilled their legal obligation under the SOGA, so you can keep pushing for a repair or replacment, but it may well be a futile excercise.

Why not ask the shop/manufacturer if you get it repaired elsewhere (if possible) if they would pay for this.

tirlittan

Hmmm, yes I see what you're saying. I just wish I would've said "any colour you have available" but when you get asked which colour would you like, you tend to go for the one you want. Annoying. Anyway, I'm still negotiating so fingers crossed.
Thanks for your time shaun from africa, very much appreciated and you seem to know your stuff. Will let you know how it goes. I guess getting a full refund will be good as well.