Rights to a replacement

Hermione_Granger

powerful_Rogue wrote: »

They haven't misled you.

They can repair, replace or refund. The choice is theirs

spadoosh wrote: »

The retailer has to provide one of the 3 options, which option, completely up to them. They have a right to choose the most suitable for them.

If the OP was to request a full refund then this is what they are legally entitled to receive and the retailer can't insist on either a repair or replacement.
The option for the retailer to choose to offer a repair or replacement instead of a refund only begins at 30 days from the date of purchase.

neilmcl

Hermione_Granger wrote: »

If the OP was to request a full refund then this is what they are legally entitled to receive and the retailer can't insist on either a repair or replacement.
The option for the retailer to choose to offer a repair or replacement instead of a refund only begins at 30 days from the date of purchase.

However the OP can't insist on a replacement over a refund as in this case even when they're exercising the short-term right to reject.

Hermione_Granger

neilmcl wrote: »

However the OP can't insist on a replacement over a refund as in this case even when they're exercising the short-term right to reject.

I agree. I was just pointing out that in the case in hand, the retailer doesn't get the choice whether to offer a refund, repair or replacement as stated by other posters.

DoaM

But what you've also overlooked is that if the consumer demands a refund within the first 30 days because of a faulty product, the onus falls on the consumer to prove the fault was inherent. So a refund isn't an automatic right.

Hermione_Granger

DoaM wrote: »

But what you've also overlooked is that if the consumer demands a refund within the first 30 days because of a faulty product, the onus falls on the consumer to prove the fault was inherent. So a refund isn't an automatic right.

I've not overlooked anything.
As the retailer has already offered a full refund they must have accepted that the fault wasn't due to user error so the consumer having to prove anything is irrelevant in the case in hand and I didn't see the need to even mention it.

LookingForHelp4Me

I do not understand the suspicion against me. As I mention I bought this through Amazon and it was fulfilled by a marketplace retailer. Amazon do not indicate if an item is "on sale" so I cannot respond to the questions about that.
I wanted to clarify if I was understanding the consumer rights in requesting and expecting a replacement. It seems that I am perfectly entitled to do this but the retailed does not have to accept this request. I have agreed a refund from the retailer.