Tricky Return

shak2

Hi guys, need some advice.

Purchased an item (£90). Purchased on the 4th. It developed a fault on the 10th. I contacted them and expressly told them I wanted a replacement and not a refund.

They took the item by courier from me to replace it with a working item. Then, on the 20th I was wondering where the replacement was. So I contacted them and they said they couldn't replace it because the replacements had all sold out the day before and they would give a refund instead

I said I didn't want the refund and wanted them to return the product to me.

They refused and processed a refund saying they were allowed to do that and it was their choice under law what to do about it.

I need the item and they had a good price on it, regular price is around £140.

I am not happy with the refund, and that they did the refund without asking me, and they refused to return it to me when I sent it ONLY for a replacement and never for a refund. They said it was the law that they decided if they couldn't replace it then they could give a refund and there's nothing I can do about it.

I want the item and not the refund.

Can they do that?

Can they legally do that?

What should I do? is small claims court ok for this?

societys_child

Can they do that?

Yes, they surely can . . .

VictorCharlie

Why do you want a faulty item back anyway?

shak2

VictorCharlie wrote: »

Why do you want a faulty item back anyway?

It was a non critical fault. One of the lights, wasn't working. And with the good deal I got I'd rather have it than have to pay more to buy again because the sale is over.

So can they really just do a refund when the reason they took it in the first place was to do a replacement?

powerful_Rogue

shak2 wrote: »

It was a non critical fault. One of the lights, wasn't working. And with the good deal I got I'd rather have it than have to pay more to buy again because the sale is over.

So can they really just do a refund when the reason they took it in the first place was to do a replacement?

You returned the item as faulty. They offered a replacement but if they dont have the stock, they cant replace it. As such a refund is the natural remedy.

shak2

powerful_Rogue wrote: »

You returned the item as faulty. They offered a replacement but if they dont have the stock, they cant replace it. As such a refund is the natural remedy.

But if I told them to return the item to me if they can't replace it then can they legally say no, keep the item and give a refund?

halibut2209

You rejected the goods under the sale of goods act. Once they collected them, they were no longer yours and the company had to recompense you via replacement, repair, or refund - the choice basically being theirs.

shak2

halibut2209 wrote: »

You rejected the goods under the sale of goods act. Once they collected them, they were no longer yours and the company had to recompense you via replacement, repair, or refund - the choice basically being theirs.

But I didn't reject them, I wanted to keep it but it was faulty!!

Also, the Sales of goods act only says replacement or repair not refund...

unholyangel

SoGA states:

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

shak2

unholyangel wrote: »

SoGA states:

But it WAS possible to replace the item when they took it (they had replacements in stock at the time and selling on their channel). It was their fault for not allocating stock for replacement, not mine. Right?

marliepanda

You did reject it.

You can't reject then change your mind. They may have already processed the return, sent it back to the manufacturer. Who knows, its theirs now.

They have fulfilled their legal obligations. Thats it.