Is a Retailer allowed to do this?

Sparrowhawk_2

I have been looking at the conumer rights websites, but I am unable to find a definitive answer.

I bought a new wireless mouse for £56, it is/was one of the best you can buy.

The mouse has had very little use and developed a fault after about 8-9 months. This is a well known fault and after establishing that the mouse was indeed faulty, the manufacturer support line (Logitech) directed me to return it to the retailer.

I did this, and I have found out that this type of mouse is no longer being made (probably because so many are faulty).

The retailer (microdirect) will only offer a "credit note" of £29. They say because I have had "significant use" of the mouse and as it cannot be repaired or replaced by them, they can only give me the value of it when it went faulty.

I don't want to be unreasonable, but the cheapest i've been able to find is £51, (some other retailers still have stock) I don't see why I should be out of pocket - after all, it did come with 12 months warranty, and I am within the warranty period.

I have sent 3 e-mails asking for a replacement or full refund and each time they say that they have "considered my case carefully" and will not budge on the £29 and they will ask (I guess management) if I can have the £29 as a refund"

Am I expecting too much?
Any comments very much appreciated.

greyteam1959

If its still under 12 month warranty they should either repair or replace it free of charge.
If they will not get in touch with Consumer Direct / Trading Standards.
As far as I know its a load of rubbish about having 'significant' use...what do they expect you to do keep it in the box until the warranty runs out then use it!!!!!
Keep all copies of emails etc

Blacksheep1979

microdirect are a nightmare they've tried to mess me and a friend around before and only got any action when we threatened legal action.

They don't have to give a repair or replacement but can give a refund taking into account usage. I would expect a mouse (especially one of that price/quality) to last for 5 years therefore it depriciates at £5.20 per year so you should be aiming to get £50+ from them.

Write a letter setting out your argument and clearly state that if they don't refund the money you will have no choice but to pursue a legal course of action which will incurr further costs to themselves - give them a deadline aprox 14 days. If they still fail to sort it out then write a final time giving them one last chance to pay, again 14 days and if you haven't heard anything after then start a small claims proceeding.

deanos

Can you just contact Logitech and ask for a replacement explain that MicroDirect are not answering calls or Emails, worth a shot

MarkyMarkD

You can try that, but legally your rights are against the retailer and the manufacturer has no obligations to you at all.

dangeroussports

I think what should happen is that the company should help you.

Labman_2

Blacksheep1979 wrote: »

They don't have to give a repair or replacement but can give a refund taking into account usage. I would expect a mouse (especially one of that price/quality) to last for 5 years therefore it depriciates at £5.20 per year so you should be aiming to get £50+ from them.

£.5.20/year depreciation over 5 years equals £26.00 not the £56.00 paid.

globalds

I didn't think it was about yearly depreciation when looking at whether a good is fit for purpose .If you pay £60.00 for a mouse it would be expected to last longer than a £6.00 mouse .
Tell them you will expect nothing less than a full refund. a 12 month warranty is just that ,Tell microdirect to go and talk to logitech if they wish to only honour a percentage of a manufacturers warranty.
I would have already sent a copy of the e-mails sent and recieved to logitech explaining that when buying a premium product (that fails under normal use) Part of the reason for the purchase is the knowledge that a swift returns policy is expected.
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You could always send a link to this thread :O)

Blacksheep1979

globalds wrote: »

I didn't think it was about yearly depreciation when looking at whether a good is fit for purpose .If you pay £60.00 for a mouse it would be expected to last longer than a £6.00 mouse .
Tell them you will expect nothing less than a full refund. a 12 month warranty is just that ,Tell microdirect to go and talk to logitech if they wish to only honour a percentage of a manufacturers warranty.
I would have already sent a copy of the e-mails sent and recieved to logitech explaining that when buying a premium product (that fails under normal use) Part of the reason for the purchase is the knowledge that a swift returns policy is expected.
.
.
You could always send a link to this thread :O)

MD don't offer the waranty logitech do, but the contract you enter with the retailer when you buy goods is covered by the sale of goods act. If you have use of a product which then fails due to manufacturing fault you are allowed a full refund 'within a reasonable time' 9 months is not a reasonable time so you'd have to discount for reasonable usage for the 9 months use. As labman rightly pointed out my maths skills went out the window for some reason and they should be deducting 3/4 of one year (£11.20 if product should last 5 years) - £8.40 for fair useage.

advent1122

Why spend £56 on a mouse if it is going to have very little use?

Sparrowhawk_2

If you must know, the reason I spent so much on the mouse, is because it was the only one that fulfilled the cirteria I wanted.

1) Wireless with good range
2) allowed the sensor to be exteneded via usb to quite far from the computer.
3) had more than one battery (one in use one charging) so that the mouse didn't have to be put back on a cradle.
4) Had to be "as good as" a wired mouse

The logitech G7 wireless mouse is the only one that does all of those. Thus it is my "living room mouse" and the tv in the living rooms doubles as a "cloned" monitor of my desktop computer.

It had little use becuase I went travelling.about 3 months.