Re: Consumer law ?

Michaelangelo, having carefully considered all the angles, harangued us with the following:

Sorry Wally, I've misled you. :(

This bit is correct

If it was definitely faulty and had not given the length of service you could reasonably expect from a new product your legal entitlement is to get a refund in the form that you paid for the goods - cash if you paid cash, a refund to your credit or debit card if that's how you paid etc.

Your legal right to a refund doesn't prevent you from accepting an exchange (or some other option, such as a credit note, if that suits you better) for either the same product or a different product with a price adjustment but the decision is yours not the retailers. If you agree to accept a straight replacement - ie same make and model you shouldn't have to pay anything even if the price has gone up since the original purchase.

This bit is wrong:

If that model is discontinued then the retailer should offer you a reasonable alternative again without you having to pay extra. If the alternative costs less you should get a refund of the difference. If there is no alternative, or none that you fancy, you should get your money back.

I should have said:

If the model is discontinued you may accept a reasonable alternative, if the retailer chooses to offer one. If the price of this alternative is greater than you originally paid you may be required to pay the difference.

All the options are based on your legal entitlement which is to get whatever you originally paid back - no more or less. If the retailer offers a better deal that is simply goodwill on his part.

Since you wanted a replacement and you've got a full new warranty you seem to have done OK. When you refused to pay the extra they could simply have refunded the original price and that would have discharged their legal obligation to you.

--
Michaelangelo
"Youth is Wasted on the Young"
www.mikenagel.co.uk

Accessible, self-catering, holiday
accommodation for physically disabled people
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