Faulty cricket bag

nwc389

I bought my son a new cricket bag in April from an online store, he used it about a dozen times and then noticed it had split down one seam .
I contacted the company and they said I had to return it which I have done but I have also had to fork out for another cricket bag as he needed one so I have asked for a refund and for my postage costs to be refunded .
Am I within my rights to do this ?

ChumLee

And when they replace or repair the bag, he will have two.

wealdroam

nwc389 wrote: »

I bought my son a new cricket bag in April from an online store, he used it about a dozen times and then noticed it had split down one seam .
I contacted the company and they said I had to return it which I have done but I have also had to fork out for another cricket bag as he needed one so I have asked for a refund and for my postage costs to be refunded .
Am I within my rights to do this ?

You are certainly within your rights to ask for that.

Whether the company will agree to your request is a different question.

agrinnall

Could be worse, could be a faulty cricket box (ouch!).

If they do refund they may well make a deduction for use.

unholyangel

They should definitely cover postage costs (providing the fault is inherent). Whether they'll refund for the item is another matter.

After acceptance has occurred (which it most definitely has in this case), you can request a repair, replacement or refund (which can be partial to take into account use you have had). But the retailer can refuse if your chosen remedy is disproportionately costly compared to another.

They do have to repair within a reasonable time and without causing significant inconvenience but being without a cricket bag wouldn't be classed as a significant inconvenience imo so you'd be reliant on the reasonable time element.

akkers

I think the junior cricket season has almost finished. So the time element does come into it as your son has not much use of the bag during the key period.

nwc389

akkers wrote: »

I think the junior cricket season has almost finished. So the time element does come into it as your son has not much use of the bag during the key period.

His junior cricket days are long gone as he's 22 now but he won't be getting any more use from any of his cricket gear this season as he has now broken a bone in his hand while playing cricket on Saturday !

I'm not having much joy with the online store either as it took 2 emails to get a rather badly written response that said no refund and they don't have a replacement bag currently in stock so where that leaves me and the fact that I had to shell out for the faulty bags return I don't know . I emailed them back regarding this but I have had no response .

ChumLee

nwc389 wrote: »

His junior cricket days are long gone as he's 22 now but he won't be getting any more use from any of his cricket gear this season as he has now broken a bone in his hand while playing cricket on Saturday !

I'm not having much joy with the online store either as it took 2 emails to get a rather badly written response that said no refund and they don't have a replacement bag currently in stock so where that leaves me and the fact that I had to shell out for the faulty bags return I don't know . I emailed them back regarding this but I have had no response .

Well in that case they best be sorting out a repair, if they can't replace and won't refund. Time for another email.

nwc389

ChumLee wrote: »

Well in that case they best be sorting out a repair, if they can't replace and won't refund. Time for another email.

I can't see a repair happening , it's just split and frayed all down the seam .
I've had a response that said no refund , they are waiting for a delivery ( when ? ) and no mention of the return postage !
I've just sent another email , honestly I may as well have chucked it in the bin as soon as it split . It was part of his birthday present & it cost £42 , if they eventually replace it and don't refund me the postage for the return it will end up costing me £ 55 !!

wealdroam

nwc389 wrote: »

I can't see a repair happening , it's just split and frayed all down the seam .
I've had a response that said no refund , they are waiting for a delivery ( when ? ) and no mention of the return postage !
I've just sent another email , honestly I may as well have chucked it in the bin as soon as it split . It was part of his birthday present & it cost £42 , if they eventually replace it and don't refund me the postage for the return it will end up costing me £ 55 !!

Well, if you are not going to force the seller to refund the postage, then your figures are right.

Section 48B of The Sale of Goods Act says (amongst other things):

(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

nwc389

wealdroam wrote: »

Well, if you are not going to force the seller to refund the postage, then your figures are right.

Section 48B of The Sale of Goods Act says (amongst other things)(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
:

Cheers wealdroam - I think I will be quoting the above to them !