Sports Direct - 2 for £12 refund

LoJoSm

Hi all, a quick note: I'm aware of the anger felt towards Sports Direct, so preaching to the choir isn't needed.

Yesterday, I bought two Pierre Cardin shirts for £12. I got back home, and noticed that one of the shirt's buttons was missing. Now, being a SAD FART, I knew I could return that particular shirt.

However, the issue is this: when I went in earlier, they offered only to refund the faulty shirt at half the transaction's price (i.e. give me £6 back, and let me have the other for £6 as a gift note). Because I bought both items as an offer, I thought I'd be able to return both and get the full amount back. If one shirt's faulty, I don't want to have to return the other at a later date.

Stupidly, I forgot to take the card I payed with, so I haven't got the refund yet. I was just wondering how I stand, in regards to the Sales of Goods Act 1979. Am I entitled to the entirety of the £12 back, or am I only entitled to the £6 for the one faulty shirt?

Thanks in advance!

Spank

I don't see your problem, they took back the faulty shirt & gave you your money back (OK it was in the form of a gift note), so in essence you got 1 shirt for £6.


They are under no obligation to take back a non faulty item just because you think it might become faulty later.

agrinnall

Spank wrote: »

I don't see your problem, they took back the faulty shirt & gave you your money back (OK it was in the form of a gift note), so in essence you got 1 shirt for £6.


They are under no obligation to take back a non faulty item just because you think it might become faulty later.

Actually, I think you've misread it (although I had to read it several times to get this interpretation) - the OP has been offered the money back for the shirt that's been returned, and would then be given a gift receipt for £6 for the second shirt so that it can be returned at a later date if there is a SOGA issue. Personally I think SD would fulfil the requirements of the Act by doing this and the OP is a bit of a chancer asking for anything more.

McKneff

Look inside both the shirts, there may well be a spare button sewn inside.


The shirts singly could have been £8 each but 2 for £12. They would have been correct if they had only given you £4 back (because you only bought 1 shirt)


And I agree, about the Sad Fart bit....

halibut2209

McKneff wrote: »

The shirts singly could have been £8 each but 2 for £12. They would have been correct if they had only given you £4 back (because you only bought 1 shirt)

I disagree. The item sold was "2 for £12". So if part of that item (ie one shirt) is faulty, then the OP is entitled to reject the whole order.

LoJoSm

halibut2209 wrote: »

I disagree. The item sold was "2 for £12". So if part of that item (ie one shirt) is faulty, then the OP is entitled to reject the whole order.

That's what I was trying to get at, but clearly unclearly. I think my case depends on whether the contract was:

A) The offer is that if the seller buys two shirts at £8ea, Sports Direct will discount one by half

Or

if the seller buys two shirts at £8 ea, Sports direct will make the offer to sell two shirts at £12

The difference is, as I see it, in whether they see the shirts as two or one offers.

halibut2209

Did it say buy one, get one for £4, or Buy 2 for £12. If it's the latter, then I think you are entitled to a full refund as long as you return both shirts of course!

LoJoSm

halibut2209 wrote: »

Did it say buy one, get one for £4, or Buy 2 for £12. If it's the latter, then I think you are entitled to a full refund as long as you return both shirts of course!

It did say buy 2 for £12. However, there is also the argument that by only buying one (assuming I get a refund on the other) that I am only entitled to £4, and the £6 offer is quite generous. But really, here, I wonder if anyone can find any relevant Sales of Goods Act 1979 lines? I've been scouring through, and failing to come to any conclusion.

unholyangel

LoJoSm wrote: »

It did say buy 2 for £12. However, there is also the argument that by only buying one (assuming I get a refund on the other) that I am only entitled to £4, and the £6 offer is quite generous. But really, here, I wonder if anyone can find any relevant Sales of Goods Act 1979 lines? I've been scouring through, and failing to come to any conclusion.

They wouldnt be able to force you to take the refund for £4 (and thereby forcing you to pay £8 for one shirt).

They could refund £6 for one or ask you to return both and refund £12.

You're not supposed to profit from their breach but neither should you be in a worse off position (unfair contract terms).

daytona0

unholyangel wrote: »

They wouldnt be able to force you to take the refund for £4 (and thereby forcing you to pay £8 for one shirt).

They could refund £6 for one or ask you to return both and refund £12.

You're not supposed to profit from their breach but neither should you be in a worse off position (unfair contract terms).

This...

and also you're up against Mike Ashley... If you supported Newcastle united you'd understand...