Sylvia Else <syl...@email.invalid> wrote
> Rod Speed wrote
>> Peter Jason <
p...@jostle.com> wrote
>>> I bought a new keyboard (HP) from a retailer.
>>> I installed it the same day and one of the numeric keys broke off.
>>> I'm not impressed with HP, so can I get...
>>> 1/ A store credit for the full price?
>> Yes
>>> 2/ Another-brand keyboard for the same price?
>> That's up to the retailer.
>>> 3/ Cash reimbursement?
>> Yes.
>>> Can I insist on cash or a store credit?
>> No, legally they can just provide another of thesame keyboard unless
>> the retailler has said thatthey will do better than that on their web
He didn't have a major failure and even with a major
failure, the seller does not legally have to provide a
full refund, they are free to provide another copy of
the same device which has not had any failure at all.
> The expression "major failure" is defined by section 260.
And the failure he had is not covered by that definition.
> Since no one in their right mind would buy a newkeyboard knowing that
> it has a broken key,
It didn't have a broken key, just one that needed
to have the keytop clicked back into place.
> the OP's situation falls within the definition of "major failure".
BULLSHIT
> Section 263 then specifies the consequences ofrejecting the goods, and
> subsection (4) makes itclear that the consumer can elect to obtain a
> refund.
He did not reject the goods, he attempted a warranty
claim and that is not a situation where the seller is
required by the legislation of provide a full refund.
> Note that section 261(c), which concerns replacing thegoods, does not
> come into play unless the consumerrequires the supplier to remedy the
> failure.
Which is precisely what Pete did, legally.