Refund after partial refund?

devilsprofessor

Hello all,

A new scenario for me here.
I bought some walking shoes in April. A month or so later I noticed the stitching was off. The seller offered me a partial refund which I accepted because the performance of the shoe was not affected.

Now both have developed cracks in them by the big toe areas and as such the performance (they should be waterproof) is affected.

I have reported this to the seller and they say as I have had a partial refund I am not entitled to them being replaced (this is what I asked for).

I have responded that this problem is different and unforeseen and now affects the performance of the shoe. I am awaiting the reply.

My question is - have my rights ended since I had a partial refund for the poor stitching or do I have some rights now the problem is very different.

I would be interested in any references to legislation or perhaps personal experience.

I bought these through a third party seller via Amazon. Paid with a credit card.

Thanks all

powerful_Rogue

devilsprofessor said:

Hello all,

A new scenario for me here.
I bought some walking shoes in April. A month or so later I noticed the stitching was off. The seller offered me a partial refund which I accepted because the performance of the shoe was not affected.

Now both have developed cracks in them by the big toe areas and as such the performance (they should be waterproof) is affected.

I have reported this to the seller and they say as I have had a partial refund I am not entitled to them being replaced (this is what I asked for).

I have responded that this problem is different and unforeseen and now affects the performance of the shoe. I am awaiting the reply.

My question is - have my rights ended since I had a partial refund for the poor stitching or do I have some rights now the problem is very different.

I would be interested in any references to legislation or perhaps personal experience.

I bought these through a third party seller via Amazon. Paid with a credit card.

Thanks all

You might find this thread interesting - https://forums.moneysavingexpert.com/discussion/6535965/consumer-rights-after-partial-refund/p1

DullGreyGuy

This one I'm not sure on and will be interested in seeing what others say.

Rights generally sit in the Consumer Rights Act and a "price reduction" is not one of the remedies that a consumer can insist on for the first fault of the item. As a remedy under the CRA it exists only as an alternative solution to the final right to reject, if the consumer wants to keep them despite the problem. I'm probably over thinking it as there is nothing in that section that says further claims are prohibited.

I suspect you can still have claims for unrelated problems but there is inevitably going to be debates on if two problems are related and therefore covered by the price reduction or if they are unrelated so should be considered separately. 

You say the stitching was "off", what do you mean by this precisely? How was it manifesting itself?

What material are they? How much have you been wearing them? What was the original price you paid? What discount did they give? What care have you been taking of them?

devilsprofessor

Powerfulpowerful_Rogue said:

devilsprofessor said:

Hello all,

A new scenario for me here.
I bought some walking shoes in April. A month or so later I noticed the stitching was off. The seller offered me a partial refund which I accepted because the performance of the shoe was not affected.

Now both have developed cracks in them by the big toe areas and as such the performance (they should be waterproof) is affected.

I have reported this to the seller and they say as I have had a partial refund I am not entitled to them being replaced (this is what I asked for).

I have responded that this problem is different and unforeseen and now affects the performance of the shoe. I am awaiting the reply.

My question is - have my rights ended since I had a partial refund for the poor stitching or do I have some rights now the problem is very different.

I would be interested in any references to legislation or perhaps personal experience.

I bought these through a third party seller via Amazon. Paid with a credit card.

Thanks all

You might find this thread interesting - https://forums.moneysavingexpert.com/discussion/6535965/consumer-rights-after-partial-refund/p1

 Wow. Literally the same problem. Thank you. I’ll see what they come back with.

When you contacted Amazon was it through the usual customer services or via the report seller button

devilsprofessor

DullGreyGuy said:

This one I'm not sure on and will be interested in seeing what others say.

Rights generally sit in the Consumer Rights Act and a "price reduction" is not one of the remedies that a consumer can insist on for the first fault of the item. As a remedy under the CRA it exists only as an alternative solution to the final right to reject, if the consumer wants to keep them despite the problem. I'm probably over thinking it as there is nothing in that section that says further claims are prohibited.

I suspect you can still have claims for unrelated problems but there is inevitably going to be debates on if two problems are related and therefore covered by the price reduction or if they are unrelated so should be considered separately. 

You say the stitching was "off", what do you mean by this precisely? How was it manifesting itself?

What material are they? How much have you been wearing them? What was the original price you paid? What discount did they give? What care have you been taking of them?

Yes I think the same. Nothing specific in the legislation and I do consider myself quite the consumer warrior!

Shoes were about £150/160 refund about £40
off the top of my head.

the stitching is not identical on each shoe - it doesn’t play into the fact they are now cracked. This has come from the shoe bending at the toe area as I walk and looked after well etc.

powerful_Rogue

devilsprofessor said:

Powerfulpowerful_Rogue said:

devilsprofessor said:

Hello all,

A new scenario for me here.
I bought some walking shoes in April. A month or so later I noticed the stitching was off. The seller offered me a partial refund which I accepted because the performance of the shoe was not affected.

Now both have developed cracks in them by the big toe areas and as such the performance (they should be waterproof) is affected.

I have reported this to the seller and they say as I have had a partial refund I am not entitled to them being replaced (this is what I asked for).

I have responded that this problem is different and unforeseen and now affects the performance of the shoe. I am awaiting the reply.

My question is - have my rights ended since I had a partial refund for the poor stitching or do I have some rights now the problem is very different.

I would be interested in any references to legislation or perhaps personal experience.

I bought these through a third party seller via Amazon. Paid with a credit card.

Thanks all

You might find this thread interesting - https://forums.moneysavingexpert.com/discussion/6535965/consumer-rights-after-partial-refund/p1

 Wow. Literally the same problem. Thank you. I’ll see what they come back with.

When you contacted Amazon was it through the usual customer services or via the report seller button

I went through Amazon customer services. They contacted the seller a couple of times but the seller kpet replying saying it was out of their 90 day return policy. Finally I gave Amazon a phoen call and advised I was claiming under my consumer rights and the seller was ignoring that and they issued the refund.

devilsprofessor

The latest.
Despite pointing out my rights the seller is sticking to their guns.
I contacted Amazon this morning who have sent a return request to the seller. I have to wait 48 hours to see if they reply.

devilsprofessor

Outcome : 48 hours passed and I was able to file a claim as Amazon said I would.
Contacted Amazon again who submitted this for me and asked to wait seven days.
two days in and I received my full refund (minus the first refund of course)

Thanks for everyone’s help - never give in and stick to the rules!