Repair or Refund?

JS46

My partner purchased roof blinds for her conservatory three years ago. They came from a 'big name' company and have a 5 year guarantee. Recently they have literally fallen apart in several places. They are clearly unfit for purpose and faced with photographic evidence the company have accepted they are faulty, blaming a 'bad batch'. They have offered replacements, but not surprisingly my partner has lost confidence in their products and would prefer to get replacements from another supplier. The original suppliers are insistent their guarantee wording only allows for replacement and won't entertain any form of refund. It's unclear to me whether under the 2015 Consumer Rights Act, it is possible to insist on a refund, accepting this may be partial based on the length of service of the original item. Advice on how to proceed appreciated.

mije1983

JS46 wrote: »

It's unclear to me whether under the 2015 Consumer Rights Act, it is possible to insist on a refund, accepting this may be partial based on the length of service of the original item. Advice on how to proceed appreciated.

No. You can request, but in effect it is down to the retailer to decide whether they repair/replace/refund.

AndyMc.....

JS46 wrote: »

My partner purchased roof blinds for her conservatory three years ago. They came from a 'big name' company and have a 5 year guarantee. Recently they have literally fallen apart in several places. They are clearly unfit for purpose and faced with photographic evidence the company have accepted they are faulty, blaming a 'bad batch'. They have offered replacements, but not surprisingly my partner has lost confidence in their products and would prefer to get replacements from another supplier. The original suppliers are insistent their guarantee wording only allows for replacement and won't entertain any form of refund. It's unclear to me whether under the 2015 Consumer Rights Act, it is possible to insist on a refund, accepting this may be partial based on the length of service of the original item. Advice on how to proceed appreciated.

Even if they did refund how much do you think they'd deduct for three years use?

macman

As above. If it was 3 years ago, are you sure that CRA 2015 applies? But, even under SOGA, it's the same principle: the retailer can repair, replace, or refund.
If they did refund, you would not get the full amount, as you've had 3 years usage out of them.
Their own guarantee is nothing to do with your statutory rights, and cannot limit those rights. You can request a refund, but they can refuse.

JS46

Thank you for your thoughts. Yes, as I said, we appreciate a refund would be partial as the goods have been in use for a while. That's always going to be a matter of discussion, although you'd expect the item to have long service life. Certainly their guarantee wording can't take away statutory rights under SOGA/CRA, but I'm still unclear if the decision on repair/replace/refund is a decision of the retailer. However, I suspect you're right that it is their decision.

mattyprice4004

You have been told above that the retailer has final say if it!!!8217;s a repair / replacement / refund that you get - and this is correct.

If they!!!8217;ve chosen to replace, you have no right to force them to do otherwise. You can of course request it - but they can say no.