Sales Of Goods - Clarification Needed On Exchange Rights

Tusky

I returned a vacuum cleaner (5 months old) to the shop I bought it, as it had developed quite a nasty fault - blue sparks and electrical burning!

On the upside, they were quiet amicable and didn't quibble about offering a refund.

Downside, I wanted an exchange. They had the exact model in stock, but at a much higher price, and they wanted the price difference. Annoying, as I knowingly bought it whilst it was on promotion.

What are my rights when it comes to insisting on an exchange without any money changing hands?

Fosterdog

If they have offered a refund they have fulfilled their obligation, more often than not people come on here complaining of it being the other way around, being offered an exchange/repair when they want a refund.

You can't insist on having the same one again if they won't do the exchange.

societys_child

Five months use and a full refund. You've done alright.

InsideInsurance

Tusky wrote: »

What are my rights when it comes to insisting on an exchange without any money changing hands?

None, they can chose between repair, replace or refund. A refund can even be reduced to reflect the use the consumer had out of the item prior to it going faulty.

As others have said, a full refund without a fight is a good result.

unholyangel

Basically the law states that you can request one remedy over another (repair, replace, refund - which can be partial to take into account usage had) but they can refuse if it is disproportionately costly in comparison to another remedy and you cannot force a remedy that is disproportionately costly.

From the sounds of things, refunding is cheaper for them than repairing or replacing.

Tusky

Thanks for all your input, sorry I've taken a while to reply, been a busy Christmas!

In hindsight, I see I've probably got a good deal. It has also allowed me to buy a different model, that hopefully will not have the same fate as the original purchase.

Valli

Wow..a sensible thread, lucid posts and no ranting!
Makes a change;).
Well done all, esp OP!

MamaMoo_2

Was there a manufacturers warranty at all?
You could see if there was as they may have a repair centre or something where they could fix it more economically than the shop.
It's something you could perhaps check

ThumbRemote

MamaMoo wrote: »

Was there a manufacturers warranty at all?
You could see if there was as they may have a repair centre or something where they could fix it more economically than the shop.
It's something you could perhaps check

I suspect it's a bit late for that now

MamaMoo_2

ThumbRemote wrote: »

I suspect it's a bit late for that now

Ah, apologies. I was reading it as a return was what OP had been offered, but they had come here to clarify before accepting :undecided

Jamie_Carter

societys_child wrote: »

Five months use and a full refund. You've done alright.

Not at all, it would be deemed to be faulty when manufactured.


They wouldn't be able to offer a reduced refund until the item was more than 12 months old.