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Samsonite suitcase broken after first use, need to know what my rights are regarding replacement

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Hi All

 

This is my first post as I'm currently having issues with Samsonite and a suitcase I bought.

 

I bought a small cabin bag size suitcase from a genuine Samsonite outlet store in York during the Black Friday sales at the end of November. It cost £41 which I knew was really cheap for Samsonite as I already have a couple of their cases.

 

I used the case for the first time during a trip to London in mid January, during which time the retractable handle broke while waking along a train platform (so much fun!). I took the case back to the Samsonite store where I purchased it, and was told it would have to be sent away for repair as it was more than 6 weeks since I bought it.

 

I've since received a voicemail from the store advising that the case could not be repaired, and to visit them to discuss.

 

I'd really like to know what my rights are before I travel to the store (which is 90mins from where I live, so I need to be prepared), as to what I can get as a replacement.

 

I do not want store credit or my money back, as I know I won't be able to buy a replacement suitcase without putting a lot more money towards it. As far as I can see the suitcase wasn't fit for purpose, and I'd like a replacement at no cost to me, but is this what I'm entitled to?

 

Any help would be much appreciated so I can be prepared to fight my corner.

 

Thanks

Claire

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It's less than six months old so you have certain rights under the consumer rights act.

 

If a defect appears within six months then you have to give the seller an opportunity to carry out a repair and if that repair fails then you are entitled to a refund or a replacement – at your choice.

 

In addition to that I would say that you should be entitled to recover any losses so if you have necessarily incurred costs of travelling to the retailer to return it – particularly because if that's what they have told you to do (and I hope you have that in writing) then you should be able to recover the cost of the round voyage.

 

I would say that 7 to 10 days is a reasonable time to expect it to be repaired. You ask if you are entitled to a replacement at no cost to you? – The answer is yes as long as they have had an opportunity to affect a repair. – Plus you losses of course.


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I thought the choice of refund or replacement was the retailers, not the consumers.

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