Up and running refusing to refund faulty item?

siennamiller

Hi all,
Hope someone can help. I bought a sports bra from up and running in February. In May the clasp broke, and I emailed the company to advise them. For various reasons, partly their crapness, partly mine, I sent the bra back about 3 weeks ago.
They are now saying they will not refund the bra, only exchange, even though they have admitted via email that it is faulty.
I have quoted some sales of goods act info to them, but they are saying a sports bra should only last approx 51/2 months, and therefore they do not have to refund me.
Any ideas please? Thanks

marliepanda

I would bite their hand off at the offer of an exchange, cos you could be getting pennies back after this amount of time. I'm not sure what youre quoting from the SOGA but a exchange is perfectly fine for them to offer, they don't have to refund, even if you had sent it back after 2-3 months in May. Quoting the SOGA when you are quoting it wrong usually sends retailers into shut down mode...

Sports bras do say to upgrade them every 6 months, so I dont necessarily disagree with their 5.5 months statement.

Obviously it initially went wrong a lot earlier, but you didn't send it back. Any refund would take into account use anyway so after 5.5 months you wouldnt be getting very much back.

siennamiller

I should probably add, this sports bra cost me £32.50, which I think is a lot !

marliepanda

siennamiller wrote: »

I should probably add, this sports bra cost me £32.50, which I think is a lot !

So do most good sports bras. Its by no means extortionate. Most decent bras from shops cost £20, so £32 for a sports bra which is more technical is normal. How often do you wear it?

https://www.movingcomfort.com/en_us/faqs.html

Replace every 6-12 months.

Anyway, they have offered to exchange which is all they need to do. They are fully complying with the sales of goods act, probably why it didn't work when you 'quoted it' to them. What bits did you quote to them?

siennamiller

I think it is quite expensive, I just bought a really good one from marks for £22.
Why do you think they are complying with sales of goods act, it really only lasted 3 months, and it was partly down to them not replying, why I only sent it back in June.
I apologies if I sound stroppy, I am very tired and grumpy today . Xx

marliepanda

siennamiller wrote: »

I think it is quite expensive, I just bought a really good one from marks for £22.
Why do you think they are complying with sales of goods act, it really only lasted 3 months, and it was partly down to them not replying, why I only sent it back in June.
I apologies if I sound stroppy, I am very tired and grumpy today . Xx

Why do you think they are not complying with it?

Within the first 6 months a product is assumed faulty inherently (at time of sale) when it goes wrong. The retailer than has to either 'fight' that or accept. They can then choose to refund (with reductions for use), repair, or replace.

They are choosing to replace. That is their choice. You buyer does not get to choose their remedy.

I have had Marks and Sparks sports bras before and none are a patch on my Movingcomfort ones, they lost shape very quickly for me, but I do a lot of high impact sport.

siennamiller

Hi,
The sales of goods act I read said that they have to offer a refund.
The bra I have bought is ace, I do allot of high impact, including jillion michaels 30 day shred, running and riding.

SuperHan

siennamiller wrote: »

[STRIKE]The sales of goods act[/STRIKE] The thing I read said that they have to offer a refund.

You either didn't read the SoGA, or you misinterpreted it.

They can offer refund, repair, replacement. You can request one of the three, but they can ultimately decline.

They're doing what they need to.

marliepanda

siennamiller wrote: »

Hi,
The sales of goods act I read said that they have to offer a refund.
The bra I have bought is ace, I do allot of high impact, including jillion michaels 30 day shred, running and riding.

As said above, nowhere in the SOGA does it say that, and even if they chose to refund they could take into account the use you have had, so you could end up with only a few ££ back, if they decided to refund.

siennamiller

Ok, I must have misread. Thanks

frugal_mike

You are possibly confusing pre and post acceptance. The Sale of Goods Act gives the buyer a 'reasonable' period to inspect goods to see if they conform to the contract. After this reasonable period the goods are deemed to have been 'accepted'.

Before acceptance occurs the buyer can insist on a refund for goods that do not conform to contract. After acceptance occurs the retailer can refuse a particular remedy if one of the other options is cheaper. The other posters have detailed the options they get to choose from.

In your case you have had the bra for well beyond the reasonable time for acceptance so you cannot insist on a refund. Where exactly did you read about the Sale of Goods Act? If it was a website explaining it then the website may have got it wrong or was unclear. The actual content of the Act is available on a government website though. It's a bit of a dry read, but it is the primary source.