Any advice appreciated!
I purchased a Sat-Nav, less than 6 months ago from an online retailer. The item was billed as **DAMAGED BOX** (i.e. the packaging was cosmetically damaged by a sticker). It then developed a fault (complete failure to power on) and the manufacturer advised that I could return it to them or to my retailer for repair/replacement. I decided to return to the retailer as they already had all my details to arrange the pickup etc. On receipt, they acknowledged the fault and placed a replacement order. They then emailed to say they were out of stock, then again to say the item had been discontinued and they would offer me a credit to my account. I phoned today and queried this and they agreed to contact the manufacturer, and subsequently confirmed that they had sourced a replacement and it would be dispatched by the end of the week. I then had a further email to say that because the item I had purchased was reduced because of the damaged box, I would have to pay the difference in price between what I paid originally and the 'new' price (approx. £20).I said I was prepared to receive the replacement in the damaged box of the original (in which the item was returned). They said that box had been destroyed.
I'm pretty sure that Sale of Goods act states the retailer must repair or replace in the first instance (without additional cost to me). The retailer has informed me that they can now source a replacement. Does this mean I can insist on a replacement at no additional charge, or can they just refund my original purchase amount? I obviously don't want a refund as I got the item at a reduced price and hence cannot replace the item on the open market without additional cost. My final bargaining point was to be that I would accept the original faulty item back and go direct to the manufacturer.
thanks in advance!
I purchased a Sat-Nav, less than 6 months ago from an online retailer. The item was billed as **DAMAGED BOX** (i.e. the packaging was cosmetically damaged by a sticker). It then developed a fault (complete failure to power on) and the manufacturer advised that I could return it to them or to my retailer for repair/replacement. I decided to return to the retailer as they already had all my details to arrange the pickup etc. On receipt, they acknowledged the fault and placed a replacement order. They then emailed to say they were out of stock, then again to say the item had been discontinued and they would offer me a credit to my account. I phoned today and queried this and they agreed to contact the manufacturer, and subsequently confirmed that they had sourced a replacement and it would be dispatched by the end of the week. I then had a further email to say that because the item I had purchased was reduced because of the damaged box, I would have to pay the difference in price between what I paid originally and the 'new' price (approx. £20).I said I was prepared to receive the replacement in the damaged box of the original (in which the item was returned). They said that box had been destroyed.
I'm pretty sure that Sale of Goods act states the retailer must repair or replace in the first instance (without additional cost to me). The retailer has informed me that they can now source a replacement. Does this mean I can insist on a replacement at no additional charge, or can they just refund my original purchase amount? I obviously don't want a refund as I got the item at a reduced price and hence cannot replace the item on the open market without additional cost. My final bargaining point was to be that I would accept the original faulty item back and go direct to the manufacturer.
thanks in advance!