BHS refuse to exchange

[SuperStretch]

Hi

 

My partner ordered some bridesmaid dresses from an in-store catalogue,

yesterday she went to collect the dresses which were delivered to store.

 

 

One arriving home and opening the box she noticed she has been sent the wrong colour.

BHS have admitted fault on this and have asked her to return them.

 

However they are refusing to exchange only refund.

The dresses were 20% off when she ordered,

they say they will honour this but only if she re-orders today.

 

 

Considering the cost of the dresses she does not want to re-order until she has received her refund.

 

Does anyone have any advice?

 

 

Is there any case for making them exchange considering it is their fault?

 

Thanks in advance.

[Bazooka Boo]

Personally, if they have messed up once, then why give them a second chance?

 

I would return the items, get the refund, and then vote with my feet and go elsewhere, they're trying to make you dance to their tune,

well I wouldn't let them make demands on me as it is their mistake.

 

Classic arrogance if you ask me!

[dx100uk]

sadly its their choice refund/replace/repair

 

 

 

 

 

 

dx

[BazzaS]

sadly its their choice refund/replace/repair

 

 

 

 

 

 

dx

 

How so?

The OP notes they sent the wrong colour.

 

So, the correct colour had been stated as part of the order, and became part of a "sale by description".

 

They weren't as described, so OP is entitled to a refund.

 

On what basis do you feel the retailer is entitled to repair them?

 

Even if the retailer had the right to "repair", and I doubt they do for the reason stated ; How exactly do you feel the retailer could "repair" them?? Dying them?

 

The OP can insist on a refund.

 

However, the OP wants to insist on an exchange. I'm not sure they can insist on an exchange.

What they could do is ask for an exchange, and if the retailer declines note that they will instead:

a) get the refund

b) re-order (either with the retailer, or elsewhere, at the best price they can obtain, so as to "mitigate their loss"), THEN

c) go after the retailer for their loss (if they end up paying more, having lost the 20% discount), for "loss of bargain"

 

The refund would be under the Sale of goods (and Supply if Services) Legislation, with the recovery of the extra paid out as an action for damages for breach of contract (in order to "(as far as possible), put the claimant in the position they would have been in, had the contract been completed"

[Bazooka Boo]

RTFQ, they ARE giving the OP a refund, what they decline to do is an exchange.

[BazzaS]

RTFQ, they ARE giving the OP a refund, what they decline to do is an exchange.

 

Absolutely.

 

1) talk of a repair is a "red herring"

 

2) The OP can't make them do the exchange, but can still end up paying only the original price by recovering any extra cost. See my post above.

[Bazooka Boo]

I do believe DX was just making a general statement.

They either have the choice to repair, replace, or refund, and this time they have gone with refund.

 

Hopefully the OP will come back and let us know what they decided, hopefully taking the refund and kicking these in to touch and going elsewhere...

[BazzaS]

I do believe DX was just making a general statement.

They either have the choice to repair, replace, or refund, and this time they have gone with refund.

 

Hopefully the OP will come back and let us know what they decided, hopefully taking the refund and kicking these in to touch and going elsewhere...

 

The general statement "they" (meaning the retailer) "have the choice to either repair, replace, or refund" is incorrect.

 

If the item was sold by description (e.g. "I want that particular colour"), then if it doesn't meet that description, the purchaser doesn't have to accept repair or exchange. The purchaser can insist on a refund, and doesn't have to accept repair or replacement.

 

As it happens, here the purchaser wants an exchange. They wouldn't have to accept an exchange if they didn't want it, but COULD chose to, IF the retailer offered it.

 

OP can force the retailer to refund, but can't force them to exchange. If the refund later leaves the OP out of pocket for buying goods to the original specification elsewhere, they have grounds for an action to recover their (mitigated!) losses due to breach of contract.

 

Retailer can't make the OP accept repair (or for that matter exchange).

 

If the retailer chose to agree an exchange, OP can choose to accept it, if it is what they want. Retailer doesn't have to offer an exchange if they don't want to, purchaser doesn't have to accept it IF it is offered.

[Bazooka Boo]