American Golf Refund

Hi,

I am hoping somebody can advise me please.

I returned a faulty pair of Nike Golf Shoes to American Golf as the waterproofing failed after 11 months (they have a 24 month Nike warranty).

American Golf inspected the shoes and deemed them faulty, but no longer stock these shoes so issued a voucher to me for the full amount.

I have stated that the voucher is of no use to me as I need to get the shoes replaced with like-for-like, so I requested a full refund, but American Golf are refusing to do this.

So, can I insist on a refund and initiate a small claims case if they don't agree ?

I paid for the original order by PayPal.

Thanks.
«1

Comments

  • bris
    bris Posts: 10,548
    First Post First Anniversary Name Dropper
    Forumite
    Have you accepted the voucher?
    If so then you're to late. You need to reject any other offer and insist on the refund or take legal action if they refuse.
  • bris wrote: »
    Have you accepted the voucher?
    If so then you're to late. You need to reject any other offer and insist on the refund or take legal action if they refuse.

    Hi, no I did not accept the voucher. They issued the voucher by email without informing they were going to first. I immediately emailed them and said that the voucher was not acceptable, and that I wanted a replacement or refund.
  • unholyangel
    unholyangel Posts: 16,863
    Name Dropper First Post First Anniversary
    Forumite
    Hi, no I did not accept the voucher. They issued the voucher by email without informing they were going to first. I immediately emailed them and said that the voucher was not acceptable, and that I wanted a replacement or refund.

    Have they said why they're refusing?

    Remind them that under the Consumer Rights Act 2015 section 20 (16), they must give the refund using the same means of payment as the consumer used unless the consumer expressly agrees otherwise.

    And that under section 20(15), they are to refund without undue delay an in any event, within 14 days.

    Worth noting though that after 6 months, they can reduce the refund to account for use you had. So it doesn't need to be a full refund.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Have they said why they're refusing?

    Remind them that under the Consumer Rights Act 2015 section 20 (16), they must give the refund using the same means of payment as the consumer used unless the consumer expressly agrees otherwise.

    And that under section 20(15), they are to refund without undue delay an in any event, within 14 days.

    Worth noting though that after 6 months, they can reduce the refund to account for use you had. So it doesn't need to be a full refund.

    Thanks, that is very useful info, I will quote this to them.

    The reason they gave is that it is their policy to either replace or issued a voucher, and since they no longer have stock they have issued a voucher instead.

    I paid by PayPay, but the underlying funding source was a credit card which I no longer have, but I presume the refund would go back to my PayPay account in any case so it shouldn't matter that I no longer have the original credit card ?
  • deanos
    deanos Posts: 11,219
    First Post First Anniversary Uniform Washer
    Forumite
    paypal refunds to original source so it will go back to credit card
  • What has been stated above only applies if you are claiming under your statutory rights and as you mentioned claiming on the Nike 2 year warranty, how you receive your refund will depend on the T&C's of that warranty.

    If you want to claim using your Consumer rights act rights, American Golf could insist that you prove that the waterproofing failed because of a manufacturing defect (it's unlikely that they will ask for this proof now), and as unholyangel mentioned, the retailer is entitled to reduce the refund from the original price you paid.
  • unholyangel
    unholyangel Posts: 16,863
    Name Dropper First Post First Anniversary
    Forumite
    What has been stated above only applies if you are claiming under your statutory rights and as you mentioned claiming on the Nike 2 year warranty, how you receive your refund will depend on the T&C's of that warranty.

    If you want to claim using your Consumer rights act rights, American Golf could insist that you prove that the waterproofing failed because of a manufacturing defect (it's unlikely that they will ask for this proof now), and as unholyangel mentioned, the retailer is entitled to reduce the refund from the original price you paid.

    I think perhaps you've misread OP (or I've missed info elsewhere in the thread). OP does state they came with a 2 year warranty from nike but from what OP has said, the goods were returned to, inspected and deemed faulty by the retailer, not nike.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • OP does state they came with a 2 year warranty from nike but from what OP has said, the goods were returned to, inspected and deemed faulty by the retailer, not nike.
    If the Nike UK warranty has the same conditions as the US, the return could still be a warranty claim.
    In the US, provided that the shoes were purchased from an authorised reseller, Nike allow you to return the shoes to the place of purchase and the seller is allowed to determine if the faulty goods qualify for a warranty claim.


    To be absolutely certain of the OP's rights, they need to confirm what they told American Golf and what was stated to them.
  • unholyangel
    unholyangel Posts: 16,863
    Name Dropper First Post First Anniversary
    Forumite
    If the Nike UK warranty has the same conditions as the US, the return could still be a warranty claim.
    In the US, provided that the shoes were purchased from an authorised reseller, Nike allow you to return the shoes to the place of purchase and the seller is allowed to determine if the faulty goods qualify for a warranty claim.


    To be absolutely certain of the OP's rights, they need to confirm what they told American Golf and what was stated to them.

    But in the UK, a guarantee cannot operate as an exclusion clause in a consumer contract - it can't be used to lessen or remove your statutory rights.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • But in the UK, a guarantee cannot operate as an exclusion clause in a consumer contract - it can't be used to lessen or remove your statutory rights.
    I agree, and I've not stated otherwise.
    What was it that you stated earlier?
    I think perhaps you've misread OP (or I've missed info elsewhere in the thread)
    There has been nothing written or implied saying that American golf have refused to allow to OP to claim on their statutory rights.

    If the OP went into the store and stated something such as:
    "I purchased these shoes 10 months ago and the waterproofing has failed and as Nike offer a 2 year guarantee, I would like them replaced"
    then the store staff haven't lessened or removed any statutory rights as those rights are still there should the OP chose to use them.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.4K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards