Thoughts needed on next step

billycasper_2

Hello,
sorry for the length of the post but the back story is important.
On the 27th june I purchased a groupon voucher for a discount on some fairy lights from a garden supply company. The deal was either for 1,2 or 3 sets of lights and there was a choice of colours.
I chose a set of two in white and placed the order.
The lights came promptly but after 3 weeks one set refused to come on despite it being a sunny july. The lights came with a year guarantee so I e-mailed the company who sent a return label to post back the faulty item.
Last week I had a phone call from them in which they explained that there was no white left and that I could have pink. I wasnt happy with this exchange and asked for a refund. At first the lady I spoke to agreed but said the other set of lights needed to be sent back as well because they were bought as a set. Fine. But that i needed to post them back at my cost.
Again I wasnt particularly happy about that Given that i could have sent both sets back if asked originally.
She then clearly asked a colleague for advice and then stated that NO refund was available but that the terms and conditions state a replacement option which she said was pink..

I did ask about my statutory rights but she then tried to slip and weave and blame groupon and she wasnt particularly bothered.
I thought i would ring trading standards monday and then email them after Im clear on my rights..
My questions are these.
1, Am i entitled to a full refund given one part of the set was faulty and a like for like replacement (white) wasnt available.?
2, should i have to pay the postage of the second set when i wasnt asked to post both sets back in the first instance?
3, Is my contract with groupon or this garden company?
$, what are the relevant laws?

thank you and goodnight

billycasper_2

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pinkshoes

Pink is not white, so not a suitable replacement.

As they can't replace or repair, they need to refund. They should refund 50% of what you paid.

ThumbRemote

billycasper wrote: »

1, Am i entitled to a full refund given one part of the set was faulty and a like for like replacement (white) wasnt available.?
2, should i have to pay the postage of the second set when i wasnt asked to post both sets back in the first instance?
3, Is my contract with groupon or this garden company?
$, what are the relevant laws?

You are certainly entitled to a 50% refund, in which case the fault set of lights must be returned to the store at their cost. This is your statutory rights.

You may agree to a 100% refund with both sets of lights being returned, but this is only relevant if both you and the company agree. In this case it's up to you whether you choose to agree to pay postage, but I certainly wouldn't. (Actually you might have statutory rights here to reject both, if they were bought together and you required both or neither, but I'm not certain of that).

They cannot prevent you having a 50% refund, nor can they insist on a 100% refund with return postage at your cost.

Your contract for the lights is with the retailer. However, if you return both sets then you should also be able to return the voucher to Groupon and get a refund of that as well.

billycasper_2

thank you....

billycasper_2

Just an update.. Sent an email to head office quoting consumer law and expressing concern over customer service standards etc.. Got a standard automated reply as expected which stated that they aim to reply to complaints within 7 days..
3 hours later I got a reply sincerely apologising and a full refund offered.. Very impressed, My faith has been restored..