Faulty reduced price items

moyesforever

There is no requirement, legal or otherwise for a retailer to state that a product they sell is a discontinued line. I'll say it again, your rights have been clarified and as I suspected you don't like the answers given.

unholyangel

Chrisod wrote: »

My wife was at work and she does not like dealing with disputes.
The item was not advertised as a discontinued line and there was nothing to indicate this in the shop.
If someone had stolen the missing part and The store then resealed the box without checking the contents then they are negligent. They have then written over the resealed box stating only the box is damaged. It has then been advertised at a 50 % reduction, giving a saving of £19.50.
If I accept the purchase price then I am losing the benefit of £19.50 saving on the purchase made in good faith.
I do not accept the assertion that I give shoppers a bad name as I believe I am sticking up for consumer rights. If the store had taken the trouble to check the product as well as the box then the issue would never have arisen. Secondly, they should have made it clear that the product was a discontinued line.

Well technically you're not. Consumer rights are something you are entitled to by law. What you seem to be sticking up for is "consumer wants".

Just because there has been a breach of contract, it does not mean that you can hold them to ransom. They are supposed to provide a remedy that will put you into the position you'd have been in had the contract not been entered into or had the contract been completed correctly.

A refund puts you back in the same position you were in prior to entering the contract, therefore....job done.

Hintza

Chrisod wrote: »

I believe I am sticking up for consumer rights.

Let me rephrase that for you "Your sticking it up consumer rights" not "sticking up for consumer rights".

I wonder if the store will bar you once they have sorted this out for you?

adindas

Fully agree with this.
Do not forget that, although it is not direct this will also effect other buyers in the future as the demand like this will make the the cost of transaction become higher.

If there are too many buyers like this and cost the seller a fortune the seller will only increase the price and all buyers (us) will need to pay for it.

rustyboy21 wrote: »

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.

PILES

Chrisod wrote: »

My wife was at work and she does not like dealing with disputes.
The item was not advertised as a discontinued line and there was nothing to indicate this in the shop.
If someone had stolen the missing part and The store then resealed the box without checking the contents then they are negligent. They have then written over the resealed box stating only the box is damaged. It has then been advertised at a 50 % reduction, giving a saving of £19.50.
If I accept the purchase price then I am losing the benefit of £19.50 saving on the purchase made in good faith.
I do not accept the assertion that I give shoppers a bad name as I believe I am sticking up for consumer rights. If the store had taken the trouble to check the product as well as the box then the issue would never have arisen. Secondly, they should have made it clear that the product was a discontinued line.

They dont have to do any of that. They put you back in the position of where you were before you bought the item. You have lost nothing. They have gone beyond their duty by offering you an additional goodwill voucher. By refusing that you come across as someone who does give shoppers a bad name. Why didnt you check the box, why didnt you ask if it was discontinued, all stuff that a competent adult would do.

pulliptears

Simple terms OP.

What you want aint happening and will not happen. Bite their hands off for the offer they have given you.

jkkne

I have to say, I thoroughly enjoyed reading this thread.

To the OP, have you considered following up with ASDA quoting the super secret European Legislation?

Chrisod

Thank you for some of the helpful responses and suggestions. Whilst most of the opinions were the same there was no one who could quote a specific case law which led me to believe this was personal interpretation. I was quite amazed to read some of the responses which seemed quite bitter and negative. I feel sorry for all those sad people who have adopted slogans reflecting their money saving prowess who appear sanctimonious, status driven and self regarding and who have nothing better to do with their time.
I must admit to being baffled when I saw the box stating Newbie but now I understand why it is provided. I am fortunately quite thick skinned but I imagine many new subscribers are quite put off by the responses.
The good news: I was telephoned back by the supervisor stating he had tried to contact the manufacturer to get a replacement part and they were due to get back to him. He would call me when they did.
As I heard nothing for a week I returned to ASDA yesterday and had a different manager to deal with. He telephoned the other manager who I had previously dealt with.
It was not possible to get a replacement part but he was quite willing to replace the shaver with another. He keyed in the bar code and found there was one in store. It is just a pity that the supervisor who had looked for this last week did not find it. I was given the replacement. Well done ASDA.
I hope this is useful advice to others who may find themselves in similar situations.
In response to some of the lunatic fringe responses I received:
Those who open boxes to check parts are pushing up the cost of goods for other shoppers. This led to ASDA selling the product at half price because the box was damaged. It had been resealed with tape before I bought it which indicated to me that ASDA did not want it reopened. The fact that they had also written damaged box on the reduced label placed over the tape implied the product was intact and in working order.
Inconvenience: my time and travel costs have a value. I know you can be compensated for this when a delivery or home appointment is made and the delivery does not arrive and has to be rearranged on another day. Both are examples of inconvenience that have costs involved, the issue amounts to degrees of inconvenience that warrant compensation.
Finally, I think I will adopt the slogan
"The type of shopper who gives shoppers a bad name" if I ever feel the need to seek advice from this site in the future. I think this is most apt for someone who follows Martin Lewis's advice. No doubt all of you superior shoppers pay well over the odds for your goods and take great pride from the feeling of satisfaction this gives you.
No ASDA have not barred me from the store!

moyesforever

Chrisod wrote: »

Thank you for some of the helpful responses and suggestions. Whilst most of the opinions were the same there was no one who could quote a specific case law which led me to believe this was personal interpretation. I was quite amazed to read some of the responses which seemed quite bitter and negative. I feel sorry for all those sad people who have adopted slogans reflecting their money saving prowess who appear sanctimonious, status driven and self regarding and who have nothing better to do with their time.
I must admit to being baffled when I saw the box stating Newbie but now I understand why it is provided. I am fortunately quite thick skinned but I imagine many new subscribers are quite put off by the responses.
The good news: I was telephoned back by the supervisor stating he had tried to contact the manufacturer to get a replacement part and they were due to get back to him. He would call me when they did.
As I heard nothing for a week I returned to ASDA yesterday and had a different manager to deal with. He telephoned the other manager who I had previously dealt with.
It was not possible to get a replacement part but he was quite willing to replace the shaver with another. He keyed in the bar code and found there was one in store. It is just a pity that the supervisor who had looked for this last week did not find it. I was given the replacement. Well done ASDA.
I hope this is useful advice to others who may find themselves in similar situations.
In response to some of the lunatic fringe responses I received:
Those who open boxes to check parts are pushing up the cost of goods for other shoppers. This led to ASDA selling the product at half price because the box was damaged. It had been resealed with tape before I bought it which indicated to me that ASDA did not want it reopened. The fact that they had also written damaged box on the reduced label placed over the tape implied the product was intact and in working order.
Inconvenience: my time and travel costs have a value. I know you can be compensated for this when a delivery or home appointment is made and the delivery does not arrive and has to be rearranged on another day. Both are examples of inconvenience that have costs involved, the issue amounts to degrees of inconvenience that warrant compensation.
Finally, I think I will adopt the slogan
"The type of shopper who gives shoppers a bad name" if I ever feel the need to seek advice from this site in the future. I think this is most apt for someone who follows Martin Lewis's advice. No doubt all of you superior shoppers pay well over the odds for your goods and take great pride from the feeling of satisfaction this gives you.
No ASDA have not barred me from the store!

As ever on MSE when a poster doesn't like (the correct answer) what they've been told they refuse to see they are wrong in any way. You came, you posted, you were wrong. For the record I've never paid over the odds for anything. Neither have I expected more than I'm entitled to. On a couple of occasions I've been lucky and had goodwill gestures for which I'm grateful. I know my rights, you clearly do not know yours.

wealdroam

OP, I know you have resolved you particular issue, but you did ask (more than once) whether it was right that the retailer has the choice of remedy, and you were given what is effectively the correct answer... the seller makes that choice.
You found that difficult to believe.

Here is a quote from Section 48B of The Sale of Goods Act 1979:

48B Repair or replacement of the goods
 
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(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.
(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.

You will notice that the text starts by saying "the buyer may require...".
This is then followed by something along the lines of 'the buyer cannot force the seller to provide a remedy that is impossible or too costly'.

So in summary, the seller effectively chooses the remedy.