Right to a repair or partial refund?

[Kati]

My younger son bought a tent with his birthday money from Amazon but the pole broke on first use

After contacting the seller and requesting a replacement (sending the pole back) we have now been contacted by them saying that they cannot replace the item due to over-selling the tent. They have offered a full refund if we send the rest of the tent back to them, however my son waited over a year to save up for this particular model (bought in a sale) and would rather get the pole repaired. Is this possible?

Do we have the right to ask the seller to either repair the pole or send it back to us so we can (and get a partial refund to cover the cost of replacement parts)? Or do we have to accept the full refund and return the tent?

[enaid]

Re: Right to a repair or partial refund?

Have you tried the manufacturer to see if you can get a new pole cost to be covered by seller?

[Kati]

Re: Right to a repair or partial refund?

good idea [MENTION=141]enaid[/MENTION] ... gotta be worth a try (although due to the sale a genuine replacement pole is likely to cost about the same as the tent lol)

[des8]

Re: Right to a repair or partial refund?

My younger son bought a tent with his birthday money from Amazon but the pole broke on first use

After contacting the seller and requesting a replacement (sending the pole back) we have now been contacted by them saying that they cannot replace the item due to over-selling the tent. They have offered a full refund if we send the rest of the tent back to them, however my son waited over a year to save up for this particular model (bought in a sale) and would rather get the pole repaired. Is this possible?

Do we have the right to ask the seller to either repair the pole or send it back to us so we can (and get a partial refund to cover the cost of replacement parts)? Or do we have to accept the full refund and return the tent?

Under CRA2015 sec24 the consumer has the right toa price reduction, which could be the full amount

24Right to price reduction or final right to reject

(1)

The right to a price reduction is the right—

(a)

to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(b)

to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

(2)

The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

[Kati]

Re: Right to a repair or partial refund?

thanks for that [MENTION=39710]des8[/MENTION] ... so, we could price up a few replacements and ask for a partial refund to pay for the pole?

[R0b]

Re: Right to a repair or partial refund?

Consumers have the right to elect for a repair or replacement whichever suits them and the seller is obliged to comply provided both are available and one is not disproportionate to the other.

Unless that particular tent has been discontinued, I would say that the seller is obliged to source a replacement pole and provide it to your son. Or of course you can try and source it yourself and ask for a price reduction as Des has pointed out - just make sure you get the correct pole!

[des8]

Re: Right to a repair or partial refund?

thanks for that @des8 ... so, we could price up a few replacements and ask for a partial refund to pay for the pole?

yep! as per [MENTION=71570]R0b[/MENTION]

[Kati]

Re: Right to a repair or partial refund?

Well ... we know the seller still has 5 of these tents left in stock on their Amazon store, so there's no way they couldn't replace

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time for a 'nice' email methinks