Paying the difference on Sale returns

gavted

Hi all,
I just wanted to check the actual legal status of the offer from a local shop.
I bought a jacket on-line from a nationwide retailer, who I have used regularly over the years.
The jacket has now developed a fault as the thread on one of the seams has broken.  The retailer has offered a full refund or replacement, which is very generous considering the jacket is just over a year old (but they have a really good "guarantee" and it is a premium product).

The only problem is that I waited for the jacket to go into the sale, as it was quite expensive.
Now for the replacement, they would like me to pay the difference between what i paid and current selling price (not in the sale).
Is that OK?
It seems unfair to me as I was happy with the item until the defect appeared and had no intention of paying extra for a new item as it didnt need replacing.

Am i expecting too much to not pay the extra?

DB1904

Take the full refund then. 

Bradden

As you've had it over a year it seems reasonable to ask for the difference as you've had a years worth of use.

user1977

They're entitled to opt to give you a refund - which would leave you in the same position.

Keep_pedalling

As it is just stitching getting it repaired locally would be the best option if you really want the jacket.

Sandtree

Retailer gets to choose between repair, replace and refund. You can express a preference but the retailer is entitled to ignore your preference if it would cost them more. If its over 6 months old they technically can reduce the refund to reflect the use received from the item.

They are basically offering you a refund, you can use that to buy a new jacket in which case its current pricing or take your money elsewhere.

These things can go either way... sometimes you buy full price and when you get your refund you then find the item is on sale so get the item again and cash in your pocket (plus the free use of the old one)

the_lunatic_is_in_my_head

Similar thread linked below, would be helpful to know the original amount paid and what the price is now.

If it's an extra £10 or £20 they are asking for on a jacket you originally paid £100 for then as above you could see this as an off set for the year of use but if they are asking for £100 extra when you paid £100 to begin with I wouldn't be happy either. 

It would be worth reminding the shop that in the first instance you have the right to a repair or replacement at no cost to yourself.

If the trader fails to repair or replace within a reasonable time then you have the final right to reject for a refund (or a price deduction but that probably doesn't help in this instance unless you get a repair done yourself and seek that cost as price reduction).

If the time the final right to reject is exercised is after 6 months then they can reduce the refund to account for ownership.

Similar topic:

https://forums.moneysavingexpert.com/discussion/6342491/ikea-faulty-cooker-hood/p1

Sandtree

the_lunatic_is_in_my_head said:

It would be worth reminding the shop that in the first instance you have the right to a repair or replacement at no cost to yourself.

The merchant is entitled to refund, and reduce for use if its over 6 months, if its disproporttionately more costly to repair or replace (and that assumes the OP has expressed a preferred resolution, otherwise its a free choice)

They are offering the OP a full refund on an item that is over a year old... the merchant is going beyond what they have to. 

the_lunatic_is_in_my_head

Sandtree said:

the_lunatic_is_in_my_head said:

It would be worth reminding the shop that in the first instance you have the right to a repair or replacement at no cost to yourself.

The merchant is entitled to refund, and reduce for use if its over 6 months, if its disproporttionately more costly to repair or replace (and that assumes the OP has expressed a preferred resolution, otherwise its a free choice)

They are offering the OP a full refund on an item that is over a year old... the merchant is going beyond what they have to. 

I don't see how how repairing a jacket seam would be disproportionately expensive. 

With a replacement deduct the VAT and the mark up on the extra then look at the difference in actual cost, without prices it's difficult to say but I think it's unlikely to be disproportionate. 

The retailer doesn't have an entitlement to anything, the consumer has the rights, to a repair or replacement and then a refund or price reduction  

gavted

Thanks all.
The replies unfortunately are in alignment with what I thought, even if I hoped for better!

For info, the jacket was, and is, £140:00.  I paid £109 in the sale, so the extra is £31.  (seems a little steep for 1 years use, unless a jacket should only last 4-5 years?)

To be honest its not really the money, I would be happy for them to take it back and repair the seam, its only a 2 inch gap.  But they are insisting on a refund (£109) or replacement (me paying the extra £31).  One of the issues they raised was the jacket was "discontinued", which I dispute.  Changing the colour (that is the only change - they agree this) doesnt mean the item is discontinued in my mind.

Maybe I will spend a little extra and get a new jacket (i think i even prefer the new colours).

jon81uk

gavted said:

Thanks all.
The replies unfortunately are in alignment with what I thought, even if I hoped for better!

For info, the jacket was, and is, £140:00.  I paid £109 in the sale, so the extra is £31.  (seems a little steep for 1 years use, unless a jacket should only last 4-5 years?)

To be honest its not really the money, I would be happy for them to take it back and repair the seam, its only a 2 inch gap.  But they are insisting on a refund (£109) or replacement (me paying the extra £31).  One of the issues they raised was the jacket was "discontinued", which I dispute.  Changing the colour (that is the only change - they agree this) doesnt mean the item is discontinued in my mind.

Maybe I will spend a little extra and get a new jacket (i think i even prefer the new colours).

If the colour has changed then the item is discontinued. If you bought a blue jacket but now they only sell green, the item you bought in the sale is no longer available, hence them asking you to pay the extra. It might have been in the sale because that colour wasn't popular (this is common, one colour will often sell better than others).

As the item you actually purchased is no longer available then a refund is the best option.