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Am I due a refund - internet purchase

I bought a pen from e-pens (online) which is supposed to capture my notes and then convert them into printed text in mid April 2014. By the end of May 2014 the receiver (which captures the writing) was playing up and this happened again in early August 2014.

I have asked for a refund under SOGA 1979 (Satisfactory Quality & Fit for Purpose) but am only being offered a replacement and they state that their refund policy goes above and beyond EU & UK law.

Are there any exceptions as to why I shouldn't be able to get a refund?

We're stuck at loggerheads now - is there a free way of taking it further rather than the expense of a solicitor?

Thanks

Comments

  • It's up to the retailer whether they offer a repair, replacement or refund.

    They're doing all they need to do.
    It's possible, if they did offer a refund, they could deduct part of it, for the use you've had of the product.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are right so a solicitor would do you no good.

    It's not an exception but the actual law. Once acceptance has taken place the retailer get's to chooses the remedy that best suits them. The option they choose is what's most cost effective for them, in this case replacement.
  • Whats wrong with a replacement?

    You bought something. It broke. They are going to replace it.
    Unless this is your 3rd or 4th one and they all keep failing, I don't see the issue
  • Thanks for the advice. Looks like a replacement then.

    Why didn't I want a replacement - support was rubbish and suppose I'd lost faith in the company and then the product. Also didn't want to get into a long winded back and forth if subsequent replacements were failing.

    Hey ho.
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