Altura Clothes Warranty

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400bhp

Guru
Actually the Sale of Goods Act states you should be returned to the original state, that is the normal price. You should not have to make up the difference. Once I attended talk by a solicitor about the Sale of Goods Act & he spoke about a pair of shoes he purchased. The shoes were marked at £75 reduced to £50. He purchased the shoes at the sale price, but when he wore them they pinched his feet so he returned them as 'unfit for the purpose.' The retailer agreed to take the shoes back & refunded £50. The solicitor argued he was owed £75 refund even though he only paid £50. The store manager referred the mater to the legal team at their head office. Three days later a cheque for £75 was received. If a retailer states an original price then by law they have to put you back to that position. The problem is not many understand the Sale of Goods Act fully & retailers exploit this to their advantage.

That's utter bollox.
 

CanucksTraveller

Macho Business Donkey Wrestler
Location
Hertfordshire
The sale of goods act states that a replacement can be given, and that replacement needs to be of an equivalent or greater value. An alternative for the retailer is a refund of the price which was paid for the original item.

If you paid say 70 quid for your jacket, they can refund you 70 quid. That's the act fulfilled. They don't have to pay whatever that model of jacket is now worth.

Short answer: They have fulfilled their part of the bargain. Take your refund, add on a few quid if necessary, and buy a new jacket of whatever make you choose.
 
The sale of goods act states that a replacement can be given, and that replacement needs to be of an equivalent or greater value. An alternative for the retailer is a refund of the price which was paid for the original item.

If you paid say 70 quid for your jacket, they can refund you 70 quid. That's the act fulfilled. They don't have to pay whatever that model of jacket is now worth.

Short answer: They have fulfilled their part of the bargain. Take your refund, add on a few quid if necessary, and buy a new jacket of whatever make you choose.

I think part of the dilemma was that he asked for a replacement, was given a refund. Now the jacket from them costs more.

Write a nice letter saying you wanted a replacement not a refund? I hope they wouldn't ask for more money.
 

yello

back and brave
Location
France
If a retailer states an original price then by law they have to put you back to that position.

That doesn't sound fair/right to me. I would have thought that by refunding what you paid that the retailer is putting you back to the same position.

The solicitor argued he was owed £75 refund even though he only paid £50. The store manager referred the mater to the legal team at their head office. Three days later a cheque for £75 was received.

Maybe the store simply decided to pay him what he wanted to shut him up! That is, rather than have a protracted exchange of pain-in-the-arse letters!
 

Chutzpah

Über Member
Location
Somerset, UK
Ah, you have to love legal advice over the internet
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So..... yes, your "contract" is with the retailer, not the manufacturer, never let them fob you off.

If you get a refund, you are merely entitled to what you originally paid, although the Sales of Goods Act does allow for deductions from the refund for the use you have enjoyed from the product.

In the first six months after purchase, when something is faulty and not "fair wear and tear", retailers are expected to attempt the following remedial action in this order: fix, replace, refund. However, nothing stops them from jumping straight to 'refund'.
 

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