Tricky Return

Valli

shak2 wrote: »

If I choose (a) and 48A applies, and (a) was possible, then they HAVE to do (a) right?

Wrong.

meh too short

shak2

mije1983 wrote: »

For example, you wanted the item returned to you and a partial refund as the item was faulty. Now look at it from the seller's point of view. They have already paid to have it returned, now they have to pay to send it back to you and also give you some money back. This is more costly to them than simply refunding you the payment, and then (probably) sending the item back to their supplier for credit.

I hear you, but why should I be at a loss because they can't keep their promise? They promised to replace it, they originally could, but then couldn't due to their own delays. Should I have my options limited because they broke their promise?

powerful_Rogue

shak2 wrote: »

BUT!!! as has now been burned into my eyes by you guys:
F4148C Reduction of purchase price or rescission of contract
(1)If section 48A above applies, the buyer may—

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

(b)rescind the contract with regard to those goods,

If I choose (a) and 48A applies, and (a) was possible, then they HAVE to do (a) right?

Your missing out the important part of 48C. Here it is in full.

48CReduction of purchase price or rescission of contract

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

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

(b)rescind the contract with regard to those goods,

if the condition in subsection (2) below is satisfied.

(2)The condition is that—

(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

matttye

shak2 wrote: »

BUT!!! as has now been burned into my eyes by you guys:
F4148C Reduction of purchase price or rescission of contract
(1)If section 48A above applies, the buyer may—

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

(b)rescind the contract with regard to those goods,

If I choose (a) and 48A applies, and (a) was possible, then they HAVE to do (a) right?

No, it just means that you have a right to require them to do either of those things. If the seller refuses to reduce the price, then they must refund you.

You cannot force them to reduce the price, but if they refuse to do so then you can make them refund you.

matttye

shak2 wrote: »

I hear you, but why should I be at a loss because they can't keep their promise? They promised to replace it, they originally could, but then couldn't due to their own delays. Should I have my options limited because they broke their promise?

You're not at a loss, you've received a refund.

What are you...what do you...

BAHHHH

shak2

powerful_Rogue wrote: »

Your missing out the important part of 48C. Here it is in full.

48CReduction of purchase price or rescission of contract

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

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

(b)rescind the contract with regard to those goods,

if the condition in subsection (2) below is satisfied.

(2)The condition is that—

(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

ok, one more time then:

IF, in 48C I choose (a), and 48C2(a) applies, 48A applies and 48C(a) was possible, then they HAVE to do 48C(a) right?

Valli

shak2 wrote: »

I hear you, but why should I be at a loss because they can't keep their promise? They promised to replace it, they originally could, but then couldn't due to their own delays. Should I have my options limited because they broke their promise?

As I have said - they didn't promise.

And you've had a refund. You are in exactly the same postition you were in before you purchased this once-in-a-lifetime must-have super duper widget.

I, however, now have more grey hairs. :rotfl:

matttye

shak2 wrote: »

ok, one more time then:

IF, in 48C I choose (a), and 48C2(a) applies, 48A applies and 48C(a) was possible, then they HAVE to do 48C(a) right?

NO.

The buyer may require the seller to reduce the value OR rescind the contract. So long as one of those two things are adhered to, they do not fall foul of the law.

If the seller refuses to reduce the value, and you require them to refund you, and they do indeed refund you, then they have quite clearly complied with the law.

shak2

matttye wrote: »

No, it just means that you have a right to require them to do either of those things. If the seller refuses to reduce the price, then they must refund you.

You cannot force them to reduce the price, but if they refuse to do so then you can make them refund you.

But they have a contract to supply me goods. Otherwise any company could sell anything, send a faulty item "by mistake", and cream of the interest, then refund after 30 days.

powerful_Rogue

shak2 wrote: »

ok, one more time then:

IF, in 48C I choose (a), and 48C2(a) applies, 48A applies and 48C(a) was possible, then they HAVE to do 48C(a) right?

No, because if 48C(a) applies, it refers to 48B(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.