returning faulty flute!

BMageean

I bought a flute for my daughter via a British website, based in Bristol. Her music teacher advised me at first use that the flute was not working in that it could not produce certain notes. This was just before Christmas.

I immediately called the shop who told me to return it. BUT:
They said they would investigate whether the flute was dropped - it was not. Pending that they would decide to repair or replace. I have told them I want a replacement or refund - we could not have been more careful with it when it arrived. However, am I entitled to insist on a refund? and how do I know if they have actually replaced or just repaired and said they have replaced? A flute is very expensive and I am anxious to get it sorted fairly. Meanwhile my daughter waits.....

shaun_from_Africa

Providing that you rejected the flute within a reasonable time of receiving it then you are legally entitled to a full refund. (This must also include the original postage charges and the return cost).
It is only after you have accepted the goods and a fault becomes apparent at a later time that the retailer is entitled to offer a repair or replacement.

The time for acceptance/rejection isn't defined in law, and what the Sale of goods act states is:

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract,