Faulty product bought - can I get a refund?

Hi folks,

I bought a product online that came in faulty. Notified the retailer and was asked to send it back so they can check it. Posted it at my own expense and asked them to give me a refund if they find it faulty.

Few days later the online retailer acknowledged receipt of the product and confirmed that it is faulty, however they don't want to hear about a refund and insisted on sending a replacement.

I've asked them again for a refund and explained that I don't want a replacement product. Now they've one-sidedly decided to post the replacement to me anyway and are refusing to refund the order. They also claim that it's up to the retailer to decide how to remedy the situation and that they've decided to do this.

Is this correct? I was under the impression that the consumer had the right to a refund, replacement or a repair, and that it was their choice.

Is there anything I can do? Should I refuse receipt of the package when it arrives?

Have a look here (NCA). The legislation doesn't specify that you are entitled to a refund as a first choice. That said, there may be a 7-day cooling off period for a refund - check the terms and conditions of the site. If you choose this route, you may not be entitled to a refund of postage.

I assume they are replacing it with a brand new unit. What has changed, since you placed an order for a product you wanted?. If it's the fact that you got a duff unit then i'll say that any brand , no matter how good can have a faulty one slip through control. Now, if the replacement happens to be faulty then i'd be looking for a refund

They are replacing it with a brand new unit and I'm not blaming them for the unit being faulty.

The thing is, I didn't want to wait for the whole turnaround period of me posting the item back to them, them testing it and making sure it's faulty, and then them posting a replacement back to me.

I was fairly sure I would be within my rights to ask for a refund if the item is faulty, and didn't want to wait so I bought pretty much the same thing from a bricks&mortar store. Now I don't need a replacement but it's the only option they will entertain.

Did I misunderstand my rights here? Retailer is claiming it's their choice and a replacement is all I'm getting.

See the Consumer Connect site for full details of your rights in this area.

As covered in the above site and others, the Sale of Goods Act doesn't specify whether the consumer has any say in choosing repair, replacement or refund, so you are not in a strong postion to demand it. A trip to the Small Claims Court may be required if you are not happy with the vendor's offer.
Leo

That's what I was afraid of. Thanks for all the info

It's pretty straight forward. The retailer has the right to choose which of the 3 rs (repair, replacement, refund) he gives to you. You equally have the same right to refuse what he is offering and insist on a different r. If you can't come to an agreement, you have to go to the Small Claims Court. There you have no real chance of winning, if the retailer's offer was reasonable. In your case, I can't really see the Small Claims Court agreeing with you. It's after all not the retailer's fault that you bought a new one from a different retailer.

Thanks, I just wasn't completely clear on that and I thought it worked differently. At least I know where I stand now.

Under the distance selling act you are entitled to return something if you've changed your mind.

But if you say its faulty they are entitled to repair or replace it. Or refund.

The former is far faster. But you have to do it within 7 days (I think ) of receiving the goods and they have to be returned in a certain condition.