CEX Faulty Phone Refund

TheHalfBoy_2

I bought a phone online from CEX in April, which has become faulty, and was posted back today for repair, under their twelve month warranty.

Granted, they may be able to repair the phone, but if not their terms and conditions state that they will refund the current value of the phone. This seems a little odd to me. Should they not refund the amount that I paid for the phone in April, not the value listed on the website now, which is £10 less.

d123

TheHalfBoy wrote: »

I bought a phone online from CEX in April, which has become faulty, and was posted back today for repair, under their twelve month warranty.

Granted, they may be able to repair the phone, but if not their terms and conditions state that they will refund the current value of the phone. This seems a little odd to me. Should they not refund the amount that I paid for the phone in April, not the value listed on the website now, which is £10 less.

They are allowed to part refund to take into consideration the use you have had of the item.

diamonds

Is that not allowed to OFFER part refund, a consumer need not agree to it.

Orrin

diamonds wrote: »

Is that not allowed to OFFER part refund, a consumer need not agree to it.

If it's impossible or disproportionate for them to repair or replace then the consumer has the choice of a reduction in purchase price or rescinding the contract with a (probably) reduced refund.

A refund of the current purchase price is equivalent to a replacement which seems more than fair.

d123

diamonds wrote: »

Is that not allowed to OFFER part refund, a consumer need not agree to it.

Instead a buyer is first and foremost entitled to have the goods repaired or replaced. If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).

http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-sale-of-goods


The actual wording in SoGA

F41
48C Reduction of purchase price or rescission of contract


(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.

Orrin wrote: »

If it's impossible or disproportionate for them to repair or replace then the consumer has the choice of a reduction in purchase price or rescinding the contract with a (probably) reduced refund.

A refund of the current purchase price is equivalent to a replacement which seems more than fair.

As Orrin say, the Sales of Goods Act does allow for it, and the customer does need to agree to (unless its totally unreasonable, and then the option is court). A refund of the current price is quite reasonable.

diamonds

d123 wrote: »

http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-sale-of-goods


The actual wording in SoGA







As Orrin say, the Sales of Goods Act does allow for it, and the customer does need to agree to (unless its totally unreasonable, and then the option is court). A refund of the current price is quite reasonable.

Excuse my error earlier was mid asthma attack trying to quickly finish it

diamonds

diamonds wrote: »

Is that not allowed to OFFER part refund, a consumer need not agree to it.

Is that not (meant to be) allowed to OFFER part refund, a consumer need not agree to it.


CORRECTED