Tricky Return

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Comments

  • bris
    bris Posts: 10,548
    First Post First Anniversary Name Dropper
    Forumite
    shak2 wrote: »
    But it WAS possible to replace the item when they took it (they had replacements in stock at the time and selling on their channel). It was their fault for not allocating stock for replacement, not mine. Right?
    No, you don't seem to get it, they choose the remedy not you, you can request but they decide the end result.
  • shak2
    shak2 Posts: 118 Forumite
    You did reject it.

    You can't reject then change your mind. They may have already processed the return, sent it back to the manufacturer. Who knows, its theirs now.

    They have fulfilled their legal obligations. Thats it.

    At no time did I reject it I thnk... is there a something in law that says I rejected it by sending it back for a replacement that I've missed?
  • shak2
    shak2 Posts: 118 Forumite
    bris wrote: »
    No, you don't seem to get it, they choose the remedy not you, you can request but they decide the end result.

    SOGA says they can repair or replace at their choice but it doesn't say they can refund at their choice...and even the repair or replace is up to the buyer in the SOGA definitions...
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    edited 25 April 2014 at 5:46PM
    shak2 wrote: »
    SOGA says they can repair or replace at their choice but it doesn't say they can refund at their choice...and even the repair or replace is up to the buyer in the SOGA definitions...

    Nope, you're reading it wrong.
    Faulty goods, no acceptance

    If the item does not conform to contract (is faulty ) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to

    reject the goods and claim a full refund, or
    request a repair or replacement if that is the customer's preferred option.


    Request - not demand.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    shak2 wrote: »
    At no time did I reject it I thnk... is there a something in law that says I rejected it by sending it back for a replacement that I've missed?

    By saying it is faulty and sending it back you have rejected it.
  • shak2
    shak2 Posts: 118 Forumite
    By saying it is faulty and sending it back you have rejected it.

    But it was sent back with specific instructions to replace. Doesn't that make it not rejected since I was expecting a replacement to be sent back?
  • shak2
    shak2 Posts: 118 Forumite
    and the customer has not accepted the goods, the law says the customer is entitled to


    But I had accepted the goods...they were just faulty, right?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Even if you had accepted it makes no difference.

    You sent it back. You could have sent it back with specific instructions to return under the full moon delivered by two scantily clad delivery people, it makes no difference.

    You sent it back, it became the companies to do with as THEY wished. They decided it was cheaper for them to refund you, as they had no more, and could not source any more at that discounted price.

    You did reject it. You said this one is faulty, I want another one. That is a rejection.

    What you should have done, in hindsight, is returned that one as faulty and bought another one. That is what I would do when there is a very good deal on and chances are the deal will run out before my replacement.

    But in answer to your initial OP, you have no case, nothing to go to small claims over. They have done nothing wrong. You sent it back, they have refunded. Deal done.
  • shak2
    shak2 Posts: 118 Forumite
    You sent it back. You could have sent it back with specific instructions to return under the full moon delivered by two scantily clad delivery people, it makes no difference.

    But doesn't me sending it back with instructions to replace it and not refund me count as a written contract since they agreed to do that?
  • powerful_Rogue
    powerful_Rogue Posts: 7,469
    Name Dropper First Post First Anniversary
    Forumite
    shak2 wrote: »
    But doesn't me sending it back with instructions to replace it and not refund me count as a written contract since they agreed to do that?

    You can request a replacement, they dont legally have to do it though. The decision is down to the retailer.

    You sent a faulty item back thus rejecting it. They didnt have a replacement so gave you a refund.

    Everything the retailer has done is absolutely right as they have followed and abided by the Sale of Goods Act.

    Im afraid your fighting a losing battle.
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