Asked to pay extra to exchange a no longer discounted item...

Simon72

Hey everyone, just a bit of advice really and I'll try and make it as brief as possible.


3 music stores of the same company, one is closing down.

The store closing down offers a 20% discount on shop stock.

I purchase a guitar for £160, down from £199. Sold as new.

2 weeks later I ask it to be exchanged as its faulty.

The original store has closed but one of the other stores say they will accept my return if I pay a difference of £30, and I quote "..which is the best price in the uk"

Is it just me or does this seem totally wrong!?

I feel really cornered though, as if I press for a refund im looking to spend £190+ on buying a new guitar anyway.

Should I fight for my exchange with no extra cost, pay up or ask for a refund?

I welcome your thoughts.
Si

Fire_Fox

Are they one chain or franchises? Under the Sale of Goods Act the store can choose to refund, repair or replace, can't ask you to pay extra AFAIK.

Simon72

Fire_Fox wrote: »

Are they one chain or franchises? Under the Sale of Goods Act the store can choose to refund, repair or replace, can't ask you to pay extra AFAIK.

It's a chain Fire Fox.

Thanks

shop-to-drop

I'm guessing you got an extra discount because they were closing down. Is that right?

If what they are offering is more generous than a full refund then that's probably as good as you can hope for.

Simon72

shop-to-drop wrote: »

I'm guessing you got an extra discount because they were closing down. Is that right?

If what they are offering is more generous than a full refund then that's probably as good as you can hope for.

Yeah 20% discount storewide to clear stock.

Regular retail price £199, I paid £160 so would get that as a full refund
Paying an extra £30 I would get it £10 cheaper than elsewhere if I bought it again.

Still just seems wrong tho. I bet if the prices had gone down they would not have refunded me.

arcon5

If they are replacing it for the same item then no they cannot charge the difference. Tell them if they do not agree to an exchange they can repair the goods at their expense or arrange to refund you.

Now to clarify... one stores closed down, are all 3 stores operated under one company or was each store run as a separate company, just under the same trading name?

shop-to-drop

Simon72 wrote: »

Yeah 20% discount storewide to clear stock.

Regular retail price £199, I paid £160 so would get that as a full refund
Paying an extra £30 I would get it £10 cheaper than elsewhere if I bought it again.

Still just seems wrong tho. I bet if the prices had gone down they would not have refunded me.

So the 20% off was on at the store prepared to do the exchange too not just the one that closed down where you bought? Seems a bit tight to me if that's the case. But if they are prepared to refund you with the amount you paid then you can't really insist on any more.

Optimist

You are entitled to be put in the same position you would have been if the contract had been performed properly.

If they refuse then you are entitled claim the difference, this is called loss of bargain.

You should mitigate the loss but as they have already stated that their new price is the best in the UK then obviously you cant find a better price.

You could take them to court for the difference. Whether you consider it worth it for £30 is up to you.

I am assuming this isn't a company like HMV and in administration if so then all bets are off as administrators are pretty much a rule to themselves in such a situation.

Simon72

all the stores are the same name

They had 3 stores all run by the same person I'm in contact with.
Now there is two. You often get passed between them as they all specialised in different areas. Two of the stores were very close together so I can see why one closed - especially in the current financial climate. I had already returned the guitar once (to a non closing store) for them to fix an issue the day after I got it.
So as the shops go they are all as one with different locations quite close together.
The 20% off was only at the closing store to clear stock - the remaining stock was then distributed between the two other stores.

Hope that answers everyone.

Thanks for your answers folks

ILW

What is the fault?

Simon72

Sun damage.

Had been hanging near a shop window. When I took the plastic wrap and stickers off the the pickguard - areas underneath where white illustrating the rest of it having a yellow hue. There also is what looks like oxidation on the satin finish - could be the sun too - I can't say.