Tricky Return

A question about : Tricky Return

Hi guys, need some advice.

Purchased an item (Ј90). Purchased on the 4th. It developed a fault on the 10th. I contacted them and expressly told them I wanted a replacement and not a refund.

They took the item by courier from me to replace it with a working item. Then, on the 20th I was wondering where the replacement was. So I contacted them and they said they couldn't replace it because the replacements had all sold out the day before and they would give a refund instead

I said I didn't want the refund and wanted them to return the product to me.

They refused and processed a refund saying they were allowed to do that and it was their choice under law what to do about it.

I need the item and they had a good price on it, regular price is around Ј140.

I am not happy with the refund, and that they did the refund without asking me, and they refused to return it to me when I sent it ONLY for a replacement and never for a refund. They said it was the law that they decided if they couldn't replace it then they could give a refund and there's nothing I can do about it.

I want the item and not the refund.

Can they do that?

Can they legally do that?

What should I do? is small claims court ok for this?

Best answers:

• Why do you want a faulty item back anyway?
• You rejected the goods under the sale of goods act. Once they collected them, they were no longer yours and the company had to recompense you via replacement, repair, or refund - the choice basically being theirs.
• SoGA states:
  Quote:
• You did reject it.
  You can't reject then change your mind. They may have already processed the return, sent it back to the manufacturer. Who knows, its theirs now.
  They have fulfilled their legal obligations. Thats it.
• Even if you had accepted it makes no difference.
  You sent it back. You could have sent it back with specific instructions to return under the full moon delivered by two scantily clad delivery people, it makes no difference.
  You sent it back, it became the companies to do with as THEY wished. They decided it was cheaper for them to refund you, as they had no more, and could not source any more at that discounted price.
  You did reject it. You said this one is faulty, I want another one. That is a rejection.
  What you should have done, in hindsight, is returned that one as faulty and bought another one. That is what I would do when there is a very good deal on and chances are the deal will run out before my replacement.
  But in answer to your initial OP, you have no case, nothing to go to small claims over. They have done nothing wrong. You sent it back, they have refunded. Deal done.