Could we claim a refund or reduction if a repair or replacement is not possible?

iandv

We purchased a hot tub from an online retailer at the start of May but when we opened it and tried to use it there was a fault that needs to be repaired as we are unable to enjoy the item properly.  I have requested a replacement or repair but they have come back saying they can't offer either as they no longer deal with the manufacturer.  All that was offered was a link to the manufacturer and for us to order the replacement part ourselves and they would reimburse us.  They have said they cannot replace the item as they have no more of these items available and their other hot tubs are more expensive.

As this is not really acceptable and would be really inconvenient could we claim a refund or reduction in the purchase price if we want to retain the item 

HillStreetBlues

iandv said:

could we claim a refund

Yes

iandv said:

reduction in the purchase price if we want to retain the item 

Up to the seller and yourself to both agree to one  and the refund amount.
The seller doesn't have to offer you a reduction, just like you don't have a accept it.

iandv

Thanks, how would you respond?

the_lunatic_is_in_my_head

Hello OP

In the first instance you have the right to a repair or replacement. Them telling you to sort the part and repair doesn't meet this in my book. If they were offering to buy the part and fit it that would and I'm not sure why they aren't, other than not wanting the bother. 

Where the trader fails to repair/replace you have the choice between the final right to reject or a price reduction.

A price reduction is the difference between what was paid for and what was received which is effectively what they are offering.

The final right to reject is to send the goods back, at their cost, for a full (as it's less than 6 months) refund.

It is your choice between the two but if you are having these problems now what problems are you going to face in 6/12/18 months should something else go wrong, personally I'd reject, get the money back and buy something else (me personally, that would be from someone else too due to their lackadaisical attitude).

To complicate matters, if you reported the fault within the first 30 days of delivery you have the short term right to reject, again return at their cost and full refund, and as you've requested a repair or replacement you are currently in the waiting period.

If you are going to go for the refund then write back and say you are rejecting the goods for a full refund as they do not conform to the contract and the request of a repair/replacement has been refused. 

If you are happy to accept the price reduction, order the part and seek the value of it plus installation from them  

iandv

Thanks - would I be within my rights to ask for a full or near enough to a full refund and retain the goods and try and source the part to fix as the retailer cannot repair or replace it?

The issue with getting a refund and sending the item back is that the item was bought during their sale period at a great reduction - similar size hot tubs form the retailer are now £600 more and they have said they will not be able to replace it with these as they are from another manufacturer - so if I had a full refund and sent the item back I would be left not being able to a purchase a new one given the cost uplift 

powerful_Rogue

iandv said:

Thanks - would I be within my rights to ask for a full or near enough to a full refund and retain the goods and try and source the part to fix as the retailer cannot repair or replace it?

The issue with getting a refund and sending the item back is that the item was bought during their sale period at a great reduction - similar size hot tubs form the retailer are now £600 more and they have said they will not be able to replace it with these as they are from another manufacturer - so if I had a full refund and sent the item back I would be left not being able to a purchase a new one given the cost uplift 

They have already offered you to order the part and they will reimburse you. You won't get a full refund or near enough a full refund and be entitled to keep the goods.

HillStreetBlues

the_lunatic_is_in_my_head said:

In the first instance you have the right to a repair or replacement.

There is no right to a repair or replacement.

If within 30 days the retailer  must offer a full refund,  they can offer a repair or replacement but they don't have to, and if the latter two the customer can reject this.

EDIT
I read this it was opened at the start on May after delivery,  but could have been later.

OP  when did you report the fault?

the_lunatic_is_in_my_head

HillStreetBlues said:

the_lunatic_is_in_my_head said:

In the first instance you have the right to a repair or replacement.

There is no right to a repair or replacement.

If within 30 days the retailer  must offer a full refund,  they can offer a repair or replacement but they don't have to, and if the latter two the customer can reject this.

After 30 days  the retailer can chose to offer a repair or replacement or refund, again their choice.

Well that's exactly what it's called  

 https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

Right to repair or replacement

The trader can't chose, that is just something that is said on here because the correct answer is rather drawn out and extends to the same end result.

The consumer has the right to a repair or replacement except where that is impossible or is disproportionate compared to the other of those remedies.

Where the trader is in breach of the requirement of section 23(2)(a) to do so [repair/replace] within a reasonable time and without significant inconvenience to the consumer then the final right to reject/price reduction kicks in.

There is the consumer's rights and the trader's obligations, there is no choice for the trader, except that by default where they fail to meet their obligation.

The trader doesn't have to offer a full refund within 30 days in reference to the short term right to reject, the consumer has the option to exercise their short term right to reject within 30 days (which can be extended by the waiting period). 

It's all effectively the same thing, just a question of correct language but everything in my post above is completely correct  

Gavin83

iandv said:

Thanks - would I be within my rights to ask for a full or near enough to a full refund and retain the goods and try and source the part to fix as the retailer cannot repair or replace it?

If you can source the part and fix it then what's the problem with their offer? If you can't source the part and fix it then presumably the hot tub is useless, offer or no offer and you should be pursuing a refund.

What you can't expect is to effectively get the hot tub for free. If you receive a refund then the hot tub once again becomes the property of the retailer. What they choose to do with it beyond that point is up to them. For a small item they may well just write it off but I expect a hot tub isn't cheap and they're unlikely to let that kind of loss go.

TELLIT01

Your contract is with the vendor, not the manufacturer.  If they are unable to repair or replace, their only remaining option is to provide a full refund.  Do not be fobbed off.  I would not even consider trying to affect the repair myself on a brand new item.  What happens if you do get the parts but either don't have the tools required to fit them, or there is more damage than is immediately apparent?

HillStreetBlues

@the_lunatic_is_in_my_head

Why I think the retailer can chose.
It's is disproportionate compared to giving a full refund.