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I'm I entitled to reject for a full refund?

I am very familiar with the SOGA however my knowledge of he Consumer Rights Act is limited. I have skim read but with two young children I thought it would be quicker to check on here that I am right in my thinking.

Toy iron/ironing board set bought from Amazon for a Xmas present. Purchased 24/11/2015 delivered on 26/11/2015. Purchase price £35.89.

We decided to let our eldest have one present early for being a good boy so he actually opened it 14/12/2015, notified seller on 15/12/2015 that the iron was faulty - it worked for a couple of hours and then stopped making noises, I requested a replacement iron rather than replacing the whole thing. They responded on 15/12/2015 to say that Smoby (the manufacturer) would send a replacement iron.

I have still not received the replacement iron I chased them up and received a response that they will chase the manufacturer and get back to me, this was on the 15/01/2015.

I have now decided to notify them that they have another 10 working days to send a replacement iron otherwise I will send the whole toy back for a full refund. I have advised them that under the Consumer Rights Act a remedy has to be provided within a reasonable amount of time and that I have already waited over 28 days. Is my understanding correct that if they don't send a replacement within a reasonable amount of time I can request a refund? Plus should I be entitled to a full refund? My understanding is that as it was only used for a few hours I would be entitled to a full refund.
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Comments

  • Caz3121
    Caz3121 Posts: 15,875 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was it purchased directly from Amazon or a Marketplace seller?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, you should be entitled to a full refund as the seller was notified of the fault within 30 days, on the proviso that it is a fault rather than wear & tear or misuse.
  • Leo2020
    Leo2020 Posts: 910 Forumite
    Marketplace seller.

    Don't think it was misuse, he did nothing with it that I think would have damaged it. It was only used for a few hours before the sound stopped working so don't think it was fair wear and tear - I would expect a kids toy to last more than a few hours before wearing out unless it was cheap Poundland rubbish.
  • Just a thought, did you try replacing any batteries?
  • Leo2020
    Leo2020 Posts: 910 Forumite
    Yes I changed the batteries same result - it lights up but no sound.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Leo2020 wrote: »
    I am very familiar with the SOGA however my knowledge of he Consumer Rights Act is limited. I have skim read but with two young children I thought it would be quicker to check on here that I am right in my thinking.

    Toy iron/ironing board set bought from Amazon for a Xmas present. Purchased 24/11/2015 delivered on 26/11/2015. Purchase price £35.89.

    We decided to let our eldest have one present early for being a good boy so he actually opened it 14/12/2015, notified seller on 15/12/2015 that the iron was faulty - it worked for a couple of hours and then stopped making noises, I requested a replacement iron rather than replacing the whole thing. They responded on 15/12/2015 to say that Smoby (the manufacturer) would send a replacement iron.

    I have still not received the replacement iron I chased them up and received a response that they will chase the manufacturer and get back to me, this was on the 15/01/2015.

    I have now decided to notify them that they have another 10 working days to send a replacement iron otherwise I will send the whole toy back for a full refund. I have advised them that under the Consumer Rights Act a remedy has to be provided within a reasonable amount of time and that I have already waited over 28 days. Is my understanding correct that if they don't send a replacement within a reasonable amount of time I can request a refund? Plus should I be entitled to a full refund? My understanding is that as it was only used for a few hours I would be entitled to a full refund.
    You would've had a better response if you had used Amazon's returns process.
    Go to Your Account -> Your orders
    Then chose the item you want to return.
    Answer the question 'Why are you returning this' by selecting 'Defective/Does not work properly' from the dropdown list.
  • Leo2020
    Leo2020 Posts: 910 Forumite
    I did go through amazon's return process but I requested just a replacement iron. All communications has been through Amazon using the process described above.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you return it and buy another or has the price gone up since before christmas.
  • Leo2020
    Leo2020 Posts: 910 Forumite
    I think I can still buy at same price. I didn't want to have to send the whole lot back because it was more faff than if just a new iron could be sent. Of course if I can't get a replacement iron then I will have to send it all back. I did also ask if the seller would give a partial refund to cover the cost of buying another iron but he just ignored this request.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you tried Amazon Live Chat?


    They are usually very good at sorting out returns etc.
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