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Replacement or refund

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  • Replacement or refund

    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
    Tags: None

  • #2
    Under 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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    • #3
      That's correct.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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      • #4
        Did you use a Debit Card or Credit Card?

        Comment


        • #5
          Originally posted by echat11 View Post
          Did you use a Debit Card or Credit Card?
          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

          Comment


          • #6
            Originally posted by Pezza54 View Post
            Under 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.
            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?

            Comment


            • #7
              That's the consumer's choice. The consumer is entitled to money refund if the retailer is unable to repair or replace, Otherwise the consumer could chose an item much cheaper and obtain a cash refund for the bulk of the money originally paid

              Comment


              • #8
                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 written 'purchased two new mattresses at a well known high street retailer just over 120 days so cannot ask for card company to intervene'.

                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'.

                Comment

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