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Pay difference for replacement product

mejai
mejai Posts: 4 Newbie
in Consumer rights
I purchased a toddler sleeping bag for ages 3-6 Year’s in January. It was 10% off then probably because of post Xmas sales. I have noticed there is a tear at seams of the zip. I contacted the seller and they offered a replacement, however I would need to pay them difference in price of the product since the sales are not on any more.

I would have thought I would be entitled to like for like replacement regardless of price since the product is faulty. If there was a further sale would I be entitled to benefit from additional discount?

Comments

  • cono1717
    cono1717 Posts: 762 Forumite
    Part of the Furniture 500 Posts Name Dropper
    The retailer must repair, replace or refund the cost of item but it is at their discretion as to which they do, in this case they have opted for a full refund you can ask them for the 10% difference back but they are not required to do so.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    cono1717 wrote: »
    The retailer must repair, replace or refund the cost of item but it is at their discretion as to which they do, in this case they have opted for a full refund
    Have they offered a full refund though?
    According to the OP, they have been offered a replacement (but only if they pay the extra to cover the price difference) but they haven't made any mention of having been offered a refund.
  • marlot
    marlot Posts: 5,002 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I agree its poor form - they should either refund or replace.



    If refunding, they're also allowed to make a deduction for the use the OP has had from it, I believe.
  • LABMAN
    LABMAN Posts: 1,659 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    marlot wrote: »
    I agree its poor form - they should either refund or replace.



    If refunding, they're also allowed to make a deduction for the use the OP has had from it, I believe.

    Not in the first six months.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    George_Michael wrote: »
    Have they offered a full refund though?
    According to the OP, they have been offered a replacement (but only if they pay the extra to cover the price difference) but they haven't made any mention of having been offered a refund.

    OP hasnt said they have but they do have to offer a replacement (at no additional cost), refund or repair. The replacement theyve offered is at additional cost so the OP is allowed to refuse. That leaves them with the two options of refund or reapir. I suspect if they want the additional 10% for replacement the repair option isnt going to be viable.

    They might not have directly offered a refund but by restricting the alternative options they are limiting what they are legally required to do to refund (and repair but see explanation).
  • mejai
    mejai Posts: 4 Newbie
    Thanks for all the replies and advice. They only offered a replacement so far. Which is what I wanted but not at additional cost. I waited for the product to be on sale. Ok So my option is to refuse replacement and ask for refund/repair. And if they refuse refund/repair then provide a reflective review of their product and seller online.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    mejai wrote: »
    Thanks for all the replies and advice. They only offered a replacement so far. Which is what I wanted but not at additional cost. I waited for the product to be on sale. Ok So my option is to refuse replacement and ask for refund/repair. And if they refuse refund/repair then provide a reflective review of their product and seller online.

    If they refuse refund/repair, you take them to small claims court and recover your money that way as well as a reflective review of their product and the seller online.
  • gettingtheresometime
    gettingtheresometime Posts: 6,911 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    mejai wrote: »
    Thanks for all the replies and advice. They only offered a replacement so far. Which is what I wanted but not at additional cost. I waited for the product to be on sale. Ok So my option is to refuse replacement and ask for refund/repair. And if they refuse refund/repair then provide a reflective review of their product and seller online.

    I hate these sort of comments - surely a reflective review of the product/seller should be left regardless?
This discussion has been closed.
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