Tricky Return

wealdroam

shak2 wrote: »

Please calm down.

EITHER is an adverb that means TWO options (Used before the first of two (or occasionally more) given alternatives). those two options it refers to when saying either are repair or replace. Refund is not included when it says either.

When returning an item the seller can repair or replace (at their option) or refund, at the buyers option. This is what makes this complex.

Because the seller has refunded without the buyer requesting a refund, which is not allowed in law and might be the breach of contract that makes the case valid.

It is also worth noting that the word either does not occur anywhere in Sections 48A/B/C/D/E or F of SoGA.

Anything you have read with the word either in it is just an interpretation of the legislation and not the legislation itself.

Searcher

Shak2


In your first post you asked for advice.
Why did you do that?

neilmcl

wealdroam wrote: »

Notice those words: The buyer must not require the seller...

Edited because I'm not sure the OP got that

powerful_Rogue

Heres the entire section of the Sales of Goods Act which applies to refunds, repairs and replacing. Hopefully if you see the actual law, it might make more sense to you.

http://www.legislation.gov.uk/ukpga/1979/54/part/5A

Here is is broken down for you.

48A

(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

48B

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(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.

They dont have any replacements in stock and as you already pointed out, they wont be receiving any more in. Therefore the option of a replacement is - impossible.

The only option remaining is for the retailer to refund.

wealdroam

Shak2, can I ask you to have another read of post #103?

I ask because, as Neilmcl has pointed out, you appear to have overlooked it.

Thanks.

halibut2209

neilmcl

wealdroam wrote: »

Shak2, can I ask you to have another read of post #103?

I ask because, as Neilmcl has pointed out, you appear to have overlooked it.

Thanks.

He seems to have overlooked the link posted in #66. This thread is definitely starting to have that whiff about it.

gik

wealdroam wrote: »

Shak2, can I ask you to have another read of post #103?

I ask because, as Neilmcl has pointed out, you appear to have overlooked it.

Thanks.

Or have a look at post #9 on page one!

Valli

neilmcl wrote: »

He seems to have overlooked the link posted in #66. This thread is definitely starting to have that whiff about it.

It's distinctive, isn't it - that Subway smell;)

gik

Valli wrote: »

It's distinctive, isn't it - that Subway smell;)

I thought that said shell at first glance!