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Refused a refund of broken item

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Comments

  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    Birdcake wrote: »
    If they replied to my original emails sooner, then I would have been happy to send them the faulty part. They didn't though.
    How soon after Christmas did you contact them? Lots of small companies close for a long period over Christmas and in to the New Year.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    stevemLS wrote: »
    I think the point is, as others have said, you bought a series of parts and assembled it yourself. Who is to say that the fault was not caused by incorrect assembly.

    Your analogy does not work, when you build a house you don't give the purchaser a pile of bricks and so on and they assemble the house.

    "The item" is not faulty, a component may be - I imagine that is why the supplier is taking the position they are.

    Well given SoGA places the burden of proof on the retailer in the first 6 months from purchase.....its for them to say that the fault was due to incorrect assembly rather than a faulty part. If its not misuse on the OP's part then at the very least they're responsible for all nexessary costs involved in providing a repair. If notified within a reasonable time then OP may well be able to insist on a refund.

    The only problem I can see is that their liability for a refund would extend to a refund for the faulty part (if OP rejected it within a reasonable time) and not necessarily for the non-faulty components - if they were indeed purchased separately and it wasnt a case of drop down boxes where you select which items you want and buy it as a "kit" (for lack of a better word), if it came as a "kit" then a refund for the full lot (again providing rejected within reasonable time) would be possible.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • zoob
    zoob Posts: 582 Forumite
    Part of the Furniture 500 Posts Name Dropper
    How long before Christmas was it when you received
    the skateboard.
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