Amazon - TV Purchase not as described.

the_lunatic_is_in_my_head wrote: »

Consumer Rights Act does actually offer the right to a price reduction

www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Amazon can't replace or repair as the thing they advertised doesn't exist.

The wording is a little complex (for me at least) so I'm not 100% sure in what situation the right to a price reduction would apply and whether the OP would be entitled to one.

So are they entitled to a discount or not? i suspect not but Amazon may give something rather than transport costs,refunds etc.

Ganga wrote: »

i suspect not

Based on?

The link says

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
(a)after one repair or one replacement, the goods do not conform to the contract;
(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or
(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

23(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—
(a)is impossible, or
(b)is disproportionate compared to the other of those remedies.

The bit I don't understand is this

(4)The right to a price reduction does not apply—
(a)if what the consumer is (before the reduction) required to transfer under the contract, whether or not already transferred, cannot be divided up so as to enable the trader to receive or retain only the reduced amount, or
(b)if anything to which section 20(12) applies cannot be given back in its original state.

DoaM wrote: »

I read (4)(b) as meaning that if the goods are unable to be returned to the seller unmolested due to their nature (e.g. consumables) ... the consumer can insist on a price reduction. In the OP's case the TV can be returned unmolested so the seller can insist on a replacement or refund and doesn't have to offer a price reduction.

Section 20 referred to above mentions:

(9)The consumer’s entitlement to receive a refund works as follows.
(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
(11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.
(12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

In that sense transferred appears to be referring to payment other than money.

Which appears to say if you paid for your goods with something else and the trader can not cut that into two parts then the right to a part refund doesn't exist.

Would be nice if they wrote these things in nice, easy words for the layman to understand.