Offered credit note/exchange - think I just want my money back

mrssjs

Hope someone can advise please

I bought a bag from House of Fraser on 13th June. This has been returned by me to the manufacturer in mid July due to leather damage (faulty)

The manufacturer cannot fix or replace this bag

They have offered me an exchange/vouchers to the value of the original bag

Can I request cash under the Consumer Act (tiered system)?

It would actually cost me less to buy the a replacement from HofF than the designer direct

TIA

jackieblack

Your contract was House of Fraser. If it was faulty you should have returned it to them.

agrinnall

The manufacturer is under no obligation to offer you anything unless there is a warranty with the bag, in which case they (and you) would have to abide by the terms of the warranty.

Your consumer rights are with the seller, House of Fraser in this case, and the relevant legislation is the Consumer Rights Act (2015) - I'm not sure what you're referring to. They can choose to repair, replace or refund, but as the manufacturer says it can't be repaired I think that's unlikely to be chosen. An alternative bag as replacement might be offered, or a refund although this could be reduced to take into account the use you have had, but hopefully that would be small given it's a recent purchase.

mrssjs

jackieblack wrote: »

Your contract was House of Fraser. If it was faulty you should have returned it to them.

What are my rights then with the designer? I emailed them in the first instance and they asked me to return the bag immediately to them for assessment?

mrssjs

agrinnall wrote: »

The manufacturer is under no obligation to offer you anything unless there is a warranty with the bag, in which case they (and you) would have to abide by the terms of the warranty.

Your consumer rights are with the seller, House of Fraser in this case, and the relevant legislation is the Consumer Rights Act (2015) - I'm not sure what you're referring to. They can choose to repair, replace or refund, but as the manufacturer says it can't be repaired I think that's unlikely to be chosen. An alternative bag as replacement might be offered, or a refund although this could be reduced to take into account the use you have had, but hopefully that would be small given it's a recent purchase.

There is a 1 year warranty

This is what I refer to:-


After 30 days there is a 'tiered remedy' system.

If a fault is found within the first six months retailers have one opportunity to repair or replace any faulty goods.

If this doesn’t resolve the issue, they are required to give a full refund or a price reduction if consumers choose to keep the goods, without deducting any amount for use, unless it is a motor vehicle.

Remember, if you are offered a credit note or gift voucher instead of a full refund you do not have to accept it.

KeithP

mrssjs wrote: »

Hope someone can advise please

I bought a bag from House of Fraser on 13th June. This has been returned by me to the manufacturer in mid July due to leather damage (faulty)

The manufacturer cannot fix or replace this bag

They have offered me an exchange/vouchers to the value of the original bag

Can I request cash under the Consumer Act (tiered system)?

It would actually cost me less to buy the a replacement from HofF than the designer direct

TIA

Yes of course you can request cash. They can refuse your request.

Although I have no idea what the 'Consumer Act (tiered system)' is.

The manufacturer owes you nothing beyond that offered by their guarantee. Does the guarantee offer a cash refund? I suspect not.

mrssjs

KeithP wrote: »

Yes of course you can request cash. They can refuse your request.

Although I have no idea what the 'Consumer Act (tiered system)' is.

The manufacturer owes you nothing beyond that offered by their guarantee. Does the guarantee offer a cash refund? I suspect not.

Because the bag was returned after 30 days but before 6 months

After 30 days there is a 'tiered remedy' system.

If a fault is found within the first six months retailers have one opportunity to repair or replace any faulty goods.

If this doesn’t resolve the issue, they are required to give a full refund or a price reduction if consumers choose to keep the goods, without deducting any amount for use, unless it is a motor vehicle.

Remember, if you are offered a credit note or gift voucher instead of a full refund you do not have to accept it.

mrssjs

What I'm trying to glean is whether I have to accept vouchers or I have rights that allow me to request cash given they have admitted it is a faulty item and thus discontinued the range

Just to add it's £595 so not a small amount

powerful_Rogue

mrssjs wrote: »

What I'm trying to glean is whether I have to accept vouchers or I have rights that allow me to request cash given they have admitted it is a faulty item and thus discontinued the range

Just to add it's £595 so not a small amount

You have no rights under the Consumer Rights Act with the manufacturer.

Your rights are with the retailer.

Have you spoken to House of Fraser?

KeithP

mrssjs wrote: »

If a fault is found within the first six months retailers have one opportunity to repair or replace any faulty goods.

If this doesn’t resolve the issue, they are required to give a full refund or a price reduction if consumers choose to keep the goods, without deducting any amount for use, unless it is a motor vehicle.

Remember, if you are offered a credit note or gift voucher instead of a full refund you do not have to accept it.

That is correct.

Have you given the retailer an 'opportunity to repair or replace any faulty goods'?

From your original post, it seems not.

waamo

Why not ask them to return it to you then take it back to the shop you bought it from?