My replacement item is also faulty - am I in my right for a refund?

little-laura

Hello!
I need some advice on my legal stance on a refund I'm trying to get.

I bought a backpack from Fiorelli in January 2020 from their online store, paid by debit card. In May this year i noticed that one the strap's stitching was undoing and breaking (considering this was barely used due to the pandemic anyway i was quite shocked!) and i could tell eventually this would mean the strap would break. I got in touch with Fiorelli and they sent me a replacement bag (exactly the same) and i sent the other back to them. 

Fast forward two months and the exact same thing is happening again with the strap, the stitching is coming apart. I got in touch with Fiorelli who said they could send me another replacement, or a voucher to cover the cost. I requested a monetary refund but they said this is not possible as the order is over 6 months old. I went back and said to them and said i understand the order as a whole was over 6 months old, but the first bag was under 6 months old and now the replacement is just over 2 months! 

They replied to me with: "Yes thats correct, as it would be the order from Jan that has the money on, and we would need to refund it back to. We cannot refund you on the replacements, as you of course werent charged for the replacements so they hold a zero balance on them. The replacements were raised off of the Jan order each time so we ignore the replacements and use the original order."

I wondered if someone could tell me my rights for this, i've tried researching but cannot find a resolution. I don't just want to accept a voucher or replacement as i'm no longer confident in the quality and longevity of the bags. Can i still push for a refund?! Or do i accept the voucher?
Thank you in advance
Laura

visidigi

They are right. 

DoaM

But you can also exercise your Final Right To Reject for a refund per the Consumer Rights Act 2015 (assuming your contract is with a UK company) as they've had their single opportunity at a remedy to make the goods conform to contract, and they still don't conform. As the 2nd non-conformance appeared more than 6 months from purchase/delivery then they are entitled to reduce the amount of refund to account for your time of ownership; however as this is only 7-8 months in total I'd expect any reduction to be minimal ... perhaps 5% at most. (A reasonable retailer wouldn't apply any reduction until 12 months had passed; by law any refund must be in full if within 6 months).

eachdubh

I have a similar problem. I bought a Roberts radio in Argos in June 2021. By January 2023 it had developed a fault. Argos wouldn't help. Roberts Radio said it was within their standard two-year warranty and sent me a replacement in January 2023, Eight months on, the replacement has developed the same fault. Roberts Radio say they will repair the replacement at my cost - over £40 for a £60 radio. They say I bought the original radio over 2 years ago so have no responsibility. I say they sent me the new radio 8 months ago. Can anyone advise? Thank you. 

Alderbank

It's not a similar problem. A Roberts radio is nothing like a Fiorelli bag.

Your have no contract with Roberts. They are quite right that they have no responsibility to you.
Go to the seller Argos to claim your statutory consumer rights.