Returning faulty item

Pikachu47

Hi.
Just after a bit of info regarding an item I've returned for a refund due to it developing a fault.

Thanks in advance for any help.

I bought a new router for my home broadband that developed a fault after 4 weeks. I returned it to the seller and they confirmed it s broken after a few weeks of testing. I bought another router in the meantime as I couldn't do without the Internet whilst this testing occurred.

The seller has said I need to provide the original box and instructions manual and unused warranty card before he'll do a refund. I don't have any of these things any more.

Does anyone know where I stand regarding a refund considering I can't return the instructions. I understand that he can't demand original packaging but I'm not sure about the instructions.

Thanks.

Leo2020

The seller might be wanting to send it back to the manufacturer so they can get a refund and it could be part of their terms - this is of no concern to you.

Or it could be the seller knows full well that most people get rid of the packaging so is looking for a way out of giving you a refund. Most likely option.

Either way it is tough on the seller, the router has been confirmed as faulty. The packaging and instructions or lack of make no difference to this.

Pikachu47

Thanks,
I replied to the seller asking again for a refund and that the other bits aren't necessary or available. I assume they would return the router to the manufacturer and get a fresh boxed one from them anyway, and if not, that's not my problem anyway.
I get the impression that they think I have "accepted the goods" as I had it for a month. However, I don't think 1 month is long enough for IT hardware to be accepted.
I guess if he doesn't agree then I'll just give my credit card company a call to sort it for me.

wealdroam

Pikachu47 wrote: »

I get the impression that they think I have "accepted the goods" as I had it for a month.

If he thinks that, an has accepted that the thing is inherently faulty, then he has to provide a remedy.

He has decided on a refund, then he needs to get on with it.

Pikachu47 wrote: »

However, I don't think 1 month is long enough for IT hardware to be accepted.

Careful with that line of thought.
If you haven't accepted it, then you should not have thrown the instructions away.
In fact, discarding the instructions is a good indication that you have accepted the goods.

Also, in my opinion, a month is more than enough time for acceptance to have taken place.

Nodding_Donkey

In those circumstances I would replace the item like for like i.e. send the op back a new router minus packaging and instructions, or refund him whatever I could sell an item minus packaging and instructions for.

Leo2020

Nodding_Donkey wrote: »

In those circumstances I would replace the item like for like i.e. send the op back a new router minus packaging and instructions, or refund him whatever I could sell an item minus packaging and instructions for.

Whatever you can sell the item for makes no difference to the OP's refund. A retailer can give a partial refund taking into account use of the item. But they can not reduce a refund because the packaging or instructions are missing.

Nodding_Donkey

By offering a replacement the retailer is satisfying their statutory obligations. If the buyer doesn't want a replacement then it seems reasonable that any other remedy shouldn't cost them more money.

Leo2020

I think you are miss reading the SOGA, they can offer one remedy over another if one is dis-proportionally costly. It doesn't say that all remedies should be of the same value.

Also you mentioned the resale of the item minus the instructions, this is irrelevant. This is how you would come to a figure to refund - that is not how it works under the SOGA.

From the SOGA "...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."

That is is the only way to calculate a partial refund, not by the resale value as you suggest.

bris

They have already offered a refund so they are bound by that, their terms for the refund are unfair and are not recognised in the SOGA, in fact the opposite is true they can not demand the packaging, accessories supplied with it like the filter and a cable maybe but not the packaging.

Nodding_Donkey

Leo2020 wrote: »

I think you are miss reading the SOGA, they can offer one remedy over another if one is dis-proportionally costly. It doesn't say that all remedies should be of the same value.

Also you mentioned the resale of the item minus the instructions, this is irrelevant. This is how you would come to a figure to refund - that is not how it works under the SOGA.

From the SOGA "...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."

That is is the only way to calculate a partial refund, not by the resale value as you suggest.

The buyer isn't rescinding the contract. He is returning a faulty item which gives the retailer the option to replace, refund or repair. The retailer has offered a replacement, or, if the customer wants a refund they have said they want the packaging and instructions back. As they have offered a replacement I really can't see that they have done anything wrong.

NB I am talking about the situation in my 'what I would do' post here not the OP