Replacement not offered even though in stock.

Lau2976

I hope this is the right place!

My dad recently bought a camera in a large well known shop. It wouldn't turn on so he returned it and was given store credit. He was hoping to exchange the camera for the same one but was told it was no longer being sold. He was late to something so didn't have a look at camera's until later that night when he saw the exact camera he had bought, in stock in our local store, for 100 euro more then he had paid the day before.

I was wondering if a store can do that. The camera was faulty, and they didn't dispute this, he wasn't offered an alternative, or given the option to buy the camera at the higher rate or anything, he was just told they weren't selling it anymore.

Thanks!

slimjimmc

They're under no obligation to sell to him if they don't want to. You say he wasn't offered those alternative options but you don't mention if your father asked about alternatives. Just because your father saw the camera on sale in a different sop doesn't mean the first shop has any more stock or intends selling any more.

Del2005

Lau2976 wrote: »

I hope this is the right place!

My dad recently bought a camera in a large well known shop. It wouldn't turn on so he returned it and was given store credit. He was hoping to exchange the camera for the same one but was told it was no longer being sold. He was late to something so didn't have a look at camera's until later that night when he saw the exact camera he had bought, in stock in our local store, for 100 euro more then he had paid the day before.

I was wondering if a store can do that. The camera was faulty, and they didn't dispute this, he wasn't offered an alternative, or given the option to buy the camera at the higher rate or anything, he was just told they weren't selling it anymore.

Thanks!

Plenty of sites don't update their online vs offline stock often enough The 3 options are refund, replace or repair your Father could have asked for a replacement and he most certainly should have refused the credit note, item was faulty he's entitled to the money.

Lau2976

But he did ask for a replacement and was told they didn't have it at all. I don't want to name the shop but they offer a very up to date check store option and this was before the shop closed that he saw that it was in stock (with 5+ available). He was happy with the credit note as he needed some stuff from this shop anyway and he certainly doesn't plan on kicking up a fuss I was just curious because I thought that he would be entitled to the replacement.

Atlantic Dawn

No it's normally, repair, replace then refund, the consumer should have been given a cash refund in this case as the product was faulty and the repair and replace options were not offered.

slimjimmc

Effects wrote: »

Isn't it the discretion of the shop which one they offer? Rather than customer's choice.

A seller can offer anything it likes but that doesn't mean the consumer has to accept the first offer. However the law says the consumer can require the seller to first repair/replace unless this is impossible or disproportionate (Para 7.3). If the repair/replacement is impossible or cannot be done in a reasonable time or without significant inconvenience to the consumer then the consumer can require the seller to give a discount or full refund (Para 7.7).
You're not entitled to a refund if the problem is minor (Para 7.8).
http://www.irishstatutebook.ie/2003/en/si/0011.html

TheDoc

Fair play to you Da.

I wouldn't be happy with a voucher, I'd be wanting to get the payment back in the method I originally paid, be it card or cash. (Considering the scenario where a repair or replacement was not offered)