Should we pay the difference in cost of replacement item

supergrand

Hi I hope someone can help me please my son purchased an item for his music studio which cost £1200 , he paid by debit card , 2 months ago from a music equipment shop. The item had a fault so he took it back to the shop and after much deliberation the shop decided that the item was faulty and offered my son a replacement- however they have not been able to get the exact model and make and offered him another make but it is £200 more expensive than the original item and they say before they can order it they need my son to pay the £200 difference. I would like to know if this is correct , can the shop do this? What are my sons rights in this matter? Your help would be very much appreciated, thank you

Takeaway_Addict

If they cannot repair or replace then they must refund (presuming the don't prove it is faulty down to misuse or wear and tear). They can offer FOC an upgrade but your son would have to accept it. if he doesn't then he needs to ask for a repair or replacement.

supergrand

Thank you very much for your advice - we thought that would be so but we just wanted clarification

unholyangel

Takeaway_Addict wrote: »

If they cannot repair or replace then they must refund. They can offer FOC an upgrade but your son would have to accept it. if he doesn't then he needs to ask for a repair or replacement.

A replacement should be at no cost to the consumer. However a replacement is on a like for like basis. A betterment/upgrade is different and doesn't have to be offered FOC.

Sorry, my pedantic side isn't easily shushed . One of these days I'll learn how but I don't think its today. :T

Takeaway_Addict

unholyangel wrote: »

A replacement should be at no cost to the consumer. However a replacement is on a like for like basis. A betterment/upgrade is different and doesn't have to be offered FOC.

Sorry, my pedantic side isn't easily shushed . One of these days I'll learn how but I don't think its today. :T

lol touche!

Quite, if they offer it though then the son is under no obligation to accept betterment, especially if they want him to pay extra. If they are to offer betterment (as you say not a legal requirement) then if the doesn't want to pay extra it should be FOC.

unholyangel

Takeaway_Addict wrote: »

lol touche!

Quite, if they offer it though then the son is under no obligation to accept betterment, especially if they want him to pay extra. If they are to offer betterment (as you say not a legal requirement) then if the doesn't want to pay extra it should be FOC.

I agree, if they're not willing/able to provide a replacement and the OP's son doesn't want to pay more towards a more expensive one....they should be looking to repair or refund if they're not willing/able to swallow the extra cost of the upgrade.

supergrand

Thanks guys for your replies , however the issue of an upgrade was because they couldn't get hold of the same make and model of the original one purchased- does this throw a new light on it? Where do we stand in this? Thanks guys

Takeaway_Addict

supergrand wrote: »

Thanks guys for your replies , however the issue of an upgrade was because they couldn't get hold of the same make and model of the original one purchased- does this throw a new light on it? Where do we stand in this? Thanks guys

Nope, as above if ur son isn't willing to contribute then he is either entitled to a refund (should be full considering the lack of use) or repair.

supergrand

Thanks for that you've been very helpful

earthstorm

How most store replace by giving a betterment upgrade is by refunding the original on paper ( so on their system its been refunded, but you have not been given the funds), they then process the order for the new upgraded item ( new sale) so you have to pay the difference from the refunded amount to the new item cost.