Replacement and partial refund?

Becles

I bought an item online. After a few weeks, it turned out to be faulty. The seller agreed it was faulty and organised a replacement and collection of the faulty item.

A few weeks later, the same fault occurred on the replacement item. The seller agreed this one was also faulty and offered another replacement. I said I did not want another one and could they recommend another brand instead. They suggested a different item which I accepted. This was delivered and the faulty one collected.

The replacement item was £85 cheaper than the original item so I was expecting a refund of the price difference. This didn't arrive so I queried it. The seller said under the sale of goods act, he has the choice to repair, refund or replace and he chose replace so no refund for the difference is due.

Is this correct? I feel like I've been ripped off as there's no way I would have paid the original price for the cheaper item I now have.

DoaM

Did you know about the alternative being cheaper at the time you agreed? Did you discuss the price difference during the negotiations?

In principle I agree that a partial refund should come alongside the cheaper replacement - your challenge will be in forcing this from an intransigent seller.

Hermione_Granger

When you made the purchase, were you acting as a consumer or was it a business related purchase?
The reason for asking is the Sale of Goods act generally covers business to business transactions and it's the Consumer Rights act that covers business to consumer sales.
If it was a consumer purchase, point this bit of the CRA guidance notes out to your seller:
https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/5

Section 23: Right to repair or replacement

132.This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement. A replacement would usually need to be identical, that is of the same make and model and if the goods were bought new then the replacement would need to be new.

Becles

DoaM said:

Did you know about the alternative being cheaper at the time you agreed? Did you discuss the price difference during the negotiations?

In principle I agree that a partial refund should come alongside the cheaper replacement - your challenge will be in forcing this from an intransigent seller.

I said I didn't want the original again and could they recommend an alternative. I said I didn't mind paying a little more if the new one was more expensive. He suggested the cheaper item. I said yes that would work and asked him to sort out the delivery/collection and refund the difference. The item was sent and it was after I queried the lack of refund that he said I wasn't entitled to one.

Becles

Hermione_Granger said:

When you made the purchase, were you acting as a consumer or was it a business related purchase?
The reason for asking is the Sale of Goods act generally covers business to business transactions and it's the Consumer Rights act that covers business to consumer sales.
If it was a consumer purchase, point this bit of the CRA guidance notes out to your seller:
https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/5

Section 23: Right to repair or replacement

132.This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement. A replacement would usually need to be identical, that is of the same make and model and if the goods were bought new then the replacement would need to be new.

I'm a consumer. It's an item used in the home.