Warranty, Charged to Upgrade

jnrbargainr on 05/05/2016 - 20:53

Hi,

A few weeks ago I purchased some shoes from a well known sporting orientated shoe store.

The shoes had a few faults and one of them broke where the laces are put through the islets.

I went back to the store with my receipt and they were happy to 'replace the shoes under warranty'. However - they told me they didn't stock that particular model anymore and I would have to pay $30 to upgrade to the newest version of the product because I originally bought the shoes during a sale period. So I paid the $30 to replace the faulty shoes, but I'm wondering if I had to?

I'm not totally familiar with consumer laws, but is there a provision that they can charge you if they don't have the same model/version anymore?

Thanks!

Financial

Comments

  • Olokun on 05/05/2016 - 21:01
    +3

    If they also offered a full refund then I would say it is ok. However if a refund was not an option and you had to get something else then they cannot charge you more.

  • the-mal on 05/05/2016 - 21:04
    +1

    Did they offer you a refund as an option as well?

    • jnrbargainr on 05/05/2016 - 21:12

      Unfortunately they didn't, they just said that there was a price difference to have it replaced. :(

      • pinchies on 06/05/2016 - 00:34
        +3

        Your rights are to receive a replacement or refund; if they couldnt provide a replacement then a full refund would have been required from them.

        Obviously, if you wanted to buy the newer version of those shoes again and they were no longer on sale, the addtional cost would have been required.

        But they should have made it clear that you had the option of a full refund under consumer law. Then it would have been clear that you held the negotiating power at that point.

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