Faulty reduced price items

Chrisod

My wife purchased a reduced price electric razor from ASDA. It stated on the box " damaged box". When I opened it the razor head was missing. I returned to ASDA. They offered to return the purchase price of £19.50. That was not acceptable to me so they offered to replace it or contact the manufacturer for a replacement part. I wanted the replacement. They checked for this but found the item was now outdated and had been deleted. The replacement model cost £55. They were unwilling to substitute the new model as a replacement but they would offer £10 off for inconvenience. I found this unacceptable and left them to contact the manufacturer for the replacement or see if They could get the same product from another store. I am still awaiting the outcome.
The only reason given for the reduction was damaged box and the damage had been taped over preventing examination in the store. There was no indication that the model was now obsolete.
Can you clarify my rights?

Hintza

Repair, replacement or refund. They have offered you an extra £10 goodwill which is way above your statutory rights.

I'm quite surprised they haven't told you to take it or leave it by now.

ILW

Hintza wrote: »

Repair, replacement or refund. They have offered you an extra £10 goodwill which is way above your statutory rights.

I'm quite surprised they haven't told you to take it or leave it by now.

Or where you could insert it.

Hintza

ILW wrote: »

Or where you could insert it.

I was trying to keep it polite :rotfl:

Chrisod

The original price on the item was £39 which was reduced to £19.50 because of "damaged box". Nowhere did it state there was a missing head. As they had reduced this item by 50% of the original price I think they ought to at least reduce the price of the new model by the same amount.

ILW

Chrisod wrote: »

The original price on the item was £39 which was reduced to £19.50 because of "damaged box". Nowhere did it state there was a missing head. As they had reduced this item by 50% of the original price I think they ought to at least reduce the price of the new model by the same amount.

legally you are entitles to repair, refund or replace at the seller discretion. They have offered you a refund and need to do no more.

Hintza

Chrisod wrote: »

I think they ought to at least reduce the price of the new model by the same amount.

You want 50% off a new one, they have in effect offered you 33% which is as I have already said above what they need to offer you.

If I was the shop I would withdraw my offer of goodwill and just refund.

If I was you I would accept their offer before they change their minds.

rustyboy21

Chrisod wrote: »

My wife purchased a reduced price electric razor from ASDA. It stated on the box " damaged box". When I opened it the razor head was missing. I returned to ASDA. They offered to return the purchase price of £19.50. That was not acceptable to me so they offered to replace it or contact the manufacturer for a replacement part. I wanted the replacement. They checked for this but found the item was now outdated and had been deleted. The replacement model cost £55. They were unwilling to substitute the new model as a replacement but they would offer £10 off for inconvenience. I found this unacceptable and left them to contact the manufacturer for the replacement or see if They could get the same product from another store. I am still awaiting the outcome.
The only reason given for the reduction was damaged box and the damage had been taped over preventing examination in the store. There was no indication that the model was now obsolete.
Can you clarify my rights?

Don't have to do anything for you, as your wife bought it , not you , so the contract is with your wife.

However, although you are a newbie, It is consumers like you , who give all other consumers a bad name. You seem to think you can ' Bully' a retailer into giving you what you want. When in fact, they have offered you more than they are legally obliged to do.
Have you not thought that the product being reduced and marked down by stating it was a damaged box, may have been opened by someone else and the razor head had been Nicked? This wouldn't be any fault of Asda, as they were completely in the dark, the same as you, until it was brought to light.

Stop demanding things that they don't need to do and accept the very good, goodwill gesture Asda have offered.

Chrisod

I wanted £19.50 off the new one which was the discount offered on the faulty box item. When my wife went to pay for this item the till showed up as £55 and had to be over ridden by a supervisor.
There was negligence
1 in the store not checking the item as well as the box was faulty.
2 selling an obsolete item without displaying this information.
I personally hate shopping and had to give up my time to travel to the store and sort this out and will have to do so again when they find a replacement part. The inconvenience value to me is worth at least £30.
I think the reasonable course of action was for the store to offer me the new model.
The store itself is having to take the time to chase up the same product in its other stores or to get the supervisor to chase up the manufacturer for a replacement part. I doubt if this is an efficient way to operate.
Is it the right of the store to decide whether they give the refund, repair or replacement or is this the choice of the consumer?

unholyangel

Just to add, while you are entitled to a repair, replacement or a refund, you cannot force a retailer to provide a remedy that is disproportionately costly in comparison to other remedies.

moyesforever

Chrisod wrote: »

I wanted £19.50 off the new one which was the discount offered on the faulty box item. When my wife went to pay for this item the till showed up as £55 and had to be over ridden by a supervisor.
There was negligence
1 in the store not checking the item as well as the box was faulty.
2 selling an obsolete item without displaying this information.
I personally hate shopping and had to give up my time to travel to the store and sort this out and will have to do so again when they find a replacement part. The inconvenience value to me is worth at least £30.
I think the reasonable course of action was for the store to offer me the new model.
The store itself is having to take the time to chase up the same product in its other stores or to get the supervisor to chase up the manufacturer for a replacement part. I doubt if this is an efficient way to operate.
Is it the right of the store to decide whether they give the refund, repair or replacement or is this the choice of the consumer?

You can ask for what you want. Effectively the choice is the retailers as the cost of the remedy has to be proportionate. Why can't your wife have sorted it out? You've had a fair offer...take it.