Keeping brief , purchased two new mattresses at a well known high street retailer just over 120 days so cannot ask for card company to intervene ( Already tried) had independent company to verify there is a fault with both which I have in writing . Company advising I cannot have a refund only exchange or a different product , and if the different product is cheaper I can only have vouchers for the difference. Not a refund . Is this all correct ? Customer service and store terrible so really wanted a refund and take my customer elsewhere . Any guidance appreciated
Replacement or refund
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That's correct.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Guides and handbooks for Litigants in Person - :
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Does it matter?Originally posted by echat11 View PostDid you use a Debit Card or Credit Card?
In this situation the seller is entitled to have one attempt either to repair or replace the faulty item(s).
Only if the items remain defective after that attempt does the question of any refund arise
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I would generally agree with that, but is the trader legally correct in saying that if the OP chooses a cheaper replacement than the original, then the OP is only entitled to get the difference refunded in vouchers? Shouldn't the OP get the difference back using the same method of payment that they used to buy the items in the first place?Originally posted by Pezza54 View PostUnder the Consumer Rights Act, between 30 days and 6 months from the date of purchase or delivery, the retailer must be given one chance to repair or replace the goods
In this case the retailer is legally correct.
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The OP has written 'purchased two new mattresses at a well known high street retailer just over 120 days so cannot ask for card company to intervene'.Originally posted by Manxman View Post
Does it matter?
In this situation the seller is entitled to have one attempt either to repair or replace the faulty item(s).
Only if the items remain defective after that attempt does the question of any refund arise
The OP has more scope to resolve the complaint if the payment method was via Credit Card, they can make a Section 75 claim, they have more time to make a claim. Clearly, they need 'evidence'.
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