Refunds. Cash or vouchers

PaulMahoney

Hi, I recently had to return a cool box that had stopped working after just under a year. The company happily took the item back under warranty but issued the refund in the form of vouchers to be spent with their company.
I am wondering if I should be entitled to a cash/credit card refund instead. I would add that they do clearly state in their refund conditions that vouchers would be used after 14 days.
I would really appreciate your help on this and thank you in advance.

DoaM

Refunds should be back to the same method of payment, or as vouchers if the consumer agrees. (Accepting the T&Cs does not constitute agreement in this respect). The seller could have reduced the amount of refund as this all happened after 6 months, but they didn't.

To the crux ... if this has been done under warranty then the terms of the warranty apply. If such terms say a full refund is via vouchers then so be it. You'd need to make it clear that you are exercising your statutory rights under the Consumer Rights Act 2015 and not invoking the warranty.

wealdroam

PaulMahoney wrote: »

Hi, I recently had to return a cool box that had stopped working after just under a year. The company happily took the item back under warranty but issued the refund in the form of vouchers to be spent with their company.
I am wondering if I should be entitled to a cash/credit card refund instead. I would add that they do clearly state in their refund conditions that vouchers would be used after 14 days.
I would really appreciate your help on this and thank you in advance.

That is not acceptable.

If the goods are deemed inherently faulty then the remedies available are a repair, a replacement or a refund. If a refund is chosen, then it can be reduced to take account of the use you have had.

Paragraph(16) of Section 20 of The Consumer Rights Act tells us:

(16) If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.

A seller's terms cannot remove your statutory rights, and I do not believe that agreeing to their terms amounts to 'expressly agreeing' to accept a credit note.

PaulMahoney

Thank you for your prompt responses. Most helpful.
Kind regards, Paul

bris

But it's been over 6 months and they are going by their terms.


If you want to invoke your consumer rights tell them you want a cash refund, but as it's been over 6 months you need to do the hard work and prove it's inherently faulty so you have no automatic right to a cash refund at this time.

If you do prove your case then they are also entitled to deduct a portion of the refund to take the use you have had from it into consideration.