Faulty item bought in a bundle

HillStreetBlues

Becles said:

HillStreetBlues said:

Becles said:

HillStreetBlues said:

You should get £237.50 refunded  (£312.50-£75) unless they deducted a usage fee from item B
When last year did you buy?

In September last year. 

Then they can't make a deduction on the refund, what method of payment did you use?

Gift card, so I haven't got rights like I do with a credit card.

If they keep refusing to pay the extra £35 you're owed, then to recover it will need court action (maybe the threat of it will be enough).

Becles

This is the reply I've had back. I asked for either a refund of £237.50 or returning both items in the bundle for a full refund.

Unfortunately we cannot match prices of almost a year ago. Our costs increase all the time & you received a discount purchasing the products together which we have to take into account when calculating the refund. Therefore unfortunately I've asked my manager & we cannot accept Item A back now due to the length of time they have been used & the refund would be as stated £202.50. We are genuinely sorry to hear that the product did not meet your expectations, and we understand your frustration however price paid at checkout is the contracted price to pay Unfortunately we do not price match. We run offers and change listings regularly so we cannot amend prices on orders as these offers take place

the_lunatic_is_in_my_head

Where did you buy from OP?

Becles

the_lunatic_is_in_my_head said:

Where did you buy from OP?

It's a third party seller through Amazon but they also have an independent website.

I don't want to name them yet as I want to give them the time to sort this out fairly.

the_lunatic_is_in_my_head

When you buy more than one item under the same contract you can either reject the one(s) with an issue or everything. 

The problem here could be that you've already rejected the one with an issue so I'm not sure you'd then have the right to reject everything. 

Their problems with costs are nothing to do with you. 

How is the price broken down on the Amazon order details/invoice? Is it just £312.50 for both or has A & B both been allocated a separate value? 

Becles

It's just one price for A & B.

I also purchased an additional item A on a separate order hence being certain of last years price.

The fault on B would have been there since manufacturing but didn't become apparent until the freezing cold weather we had early January. 

the_lunatic_is_in_my_head

Becles said:

It's just one price for A & B.

I also purchased an additional item A on a separate order hence being certain of last years price.

The fault on B would have been there since manufacturing but didn't become apparent until the freezing cold weather we had early January. 

Thanks OP.

I believe this makes it a transfer of goods contract rather than a sales contract but what I can't see detailed in the Consumer Rights Act is how value is assigned when you reject part of the goods.

By my calculation if the the reduction of the overall order was split across item A & B you'd have paid 242.54 for item B and 69.96 for item A.

As rejected within 6 months no deduction for use. Part rejection is valid. I'd issue a letter before action with the above figures requesting £40.04. 

Templates on Google, will only cost a stamp  

Becles

I've not written the letter before action yet.

I've had a further message this morning withdrawing the refund option and stating they will only send a replacement. 

I don't want a replacement. They've had B back for over a month now and in the meantime I've bought a replacement elsewhere. I know this isn't their problem but I wouldn't have bought that if they hadn't offered a refund.