Refund for faulty item, but only half of the set?

Laurabailey91

Hi all, I’m hoping someone might have some advice on this.

I purchased a bikini back in February from ASOS for a holiday. Within an hour of wearing this the stitching had come undone on the top. I messaged Asos to complain and asked how I could go about returning or whether they would be willing to refund me part of the cost and I’ll get it fixed. Despite being sent pictures they have insisted I must return the item which I’m happy to do when I get home. However the item is part of a set and they won’t offer a refund on the bottoms as they aren’t faulty. If the bottoms were black that would be fine, I could easily get a different top, however they are a very odd blue/purple colour that I have no chance of getting anything to match. I can’t order a replacement as they are out of stock. Any advice? I’m getting a very computer says no from every member of Asos staff I speak to at the moment.

Any advice would be much appreciated

Laura

anmarj

So was it purchased as one item or two? Ie purchased as a set or seperately?

DCFC79

Try ringing up tomorrow.

gettingtheresometime

anmarj wrote: »

So was it purchased as one item or two? Ie purchased as a set or seperately?

I'm guessing the set was purchased as two separate items.

Whilst it might be gauling to do I'd just repair the top.

unholyangel

Providing you purchased them at the same time (whether priced separately or not) then you have the right to reject both items.


From the consumer rights act:

21Partial rejection of goods
(1)If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—
(a)may reject some or all of the goods that do not conform to the contract, but
(b)may not reject any goods that do conform to the contract.
(2)If the consumer is entitled to reject the goods in an instalment, but does not reject all of those goods, the consumer—
(a)may reject some or all of the goods in the instalment that do not conform to the contract, but
(b)may not reject any goods in the instalment that do conform to the contract.
(3)If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of them.

And the accompanying explanatory notes:

122.This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

reject all of the goods (conforming and non-conforming);

reject all of the non-conforming goods (but none of the conforming goods); or

reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).

Laurabailey91

Thanks everyone for your quick responses. Despite the Asos team telling me you can’t speak to anyone on the phone, I found a number and called them up last night. Common sense seemed to prevail, I can return the item. The top and bottoms were purchased separately, so over Facebook chat I was told I couldn’t return part of it. Anyway, hopefully it’s reaolved now and any other issues and I’ll be looking at the rejecting of goods comments posted. I’ve never posted on one of these before, but lots of helpful advice and it’s always good to get some perspective.

Thanks again,
Laura