3 month old faulty mixer. Kenwood refuse to fix

Mum7 · 15 March 2017 at 1:08PM

Hi
Please be gentle with me. No shouting!

I bought a Kenwood mixer through co op electrical in December!

4 weeks ago it the hinged part seized up so I can't use it at all!

I emailed Kenwood support dpt who said they'd reply in 5 days- they didn't do I emailed again! Still no reply. So the third time I got cross - I said I make cakes for a living and needed it.
But I don't make cakes for a living - I know it sounds stupid but I thought it might get them to reply faster!

I make lots of cakes. I have 7 children, I bake everyday, I make cakes for friends, family, school fairs etc. I use my mixer for bread making, food prep etc!

Kenwood have replied saying it's for domestic use only and so they won't honour the warranty! It's £400 mixer and less than 3 months old!
Surely even if I did make cakes for a living this is not fit for purpose?

I'm so cross and them and obviously myself!

Any advice?
Again please don't shout at me- I realise that I've caused this myself?

DoaM · 15 March 2017 at 1:42PM

Why are you talking with Kenwood? Your legal rights are with the Co-op, as that's who you bought it from.

Who currently has the mixer? You or Kenwood? If you have it then simply take your complaint to the Co-op (nicely - don't go in all guns blazing). Simply explain that it has developed a fault and you require the Co-op to provide a remedy as per the Consumer Rights Act. (Within 6 months any fault is presumed to be inherent and the seller needs to prove otherwise).

The Co-op must offer a remedy (repair, replacement, refund) but are allowed to inspect the goods first to confirm the fault wasn't user-caused. If they suggest you take it up with Kenwood you can simply decline and insist that your legal rights are with the Co-op therefore you require them to deal with this.

Note: within 6 months a refund must be in full. After 6 months the amount can be reduced to account for usage.

Mum7 · 15 March 2017 at 1:51PM

Hi

Thank you
I'm not sure why I contacted Kenwood instead of the co op!
My friend just said the same thing, that my agreement was with co op!

I've emailed them so await their reply
I have the mixer here

Thanks so much

naedanger · 15 March 2017 at 1:53PM

Kirsti_o wrote: »

Hi
Please be gentle with me. No shouting!

I bought a Kenwood mixer through co op electrical in December!

4 weeks ago it the hinged part seized up so I can't use it at all!

I emailed Kenwood support dpt who said they'd reply in 5 days- they didn't do I emailed again! Still no reply. So the third time I got cross - I said I make cakes for a living and needed it.
But I don't make cakes for a living - I know it sounds stupid but I thought it might get them to reply faster!

I make lots of cakes. I have 7 children, I bake everyday, I make cakes for friends, family, school fairs etc. I use my mixer for bread making, food prep etc!

Kenwood have replied saying it's for domestic use only and so they won't honour the warranty! It's £400 mixer and less than 3 months old!
Surely even if I did make cakes for a living this is not fit for purpose?

I'm so cross and them and obviously myself!

Any advice?
Again please don't shout at me- I realise that I've caused this myself?

The appliance is not fit for commercial use. But it is not sold as being fit for commercial use, only personal use. So if you were using it, as you originally said, for business purposes then you would have no valid complaint and you would also probably have no consumer rights either (only any rights under the contract and that probably excludes any liability from business usage).

If you don't use the mixer for business usage I suggest you complain to co-op electrical (not Kenwood) and hear what they say. It is possible the co-op might argue the appliance has been abused, e.g. through overuse, but I suggest you first hear what they have to say before anticipating further problems. If you have only been using the mixer for personal usage, even quite heavy usage, then they should repair, replace or refund at their option.

If you do have problems then post again.

neilmcl · 15 March 2017 at 1:53PM

So you're argument with Kenwood is that you use the mixer as a business and are surprised they won't honour the warranty. I'm with the manufacturer on this one I'm afraid.

Your rights, if they apply, are with the retailer who sold you the mixer but if I were you I wouldn't mention that you purchased it for commercial use or you may find your consumer rights to be non-existent.

Mum7 · 15 March 2017 at 2:12PM

Reply off CO OP:

Good Afternoon,

Thank you for your email although I am sorry to hear of the issues below.

We would usually advise to troubleshoot with the manufacturer to try and diagnose the problem. Should the item appear to be faulty, an inspection will be arranged with a view to repairing the goods should the goods be repairable. Please find the contact number below.

wealdroam · 15 March 2017 at 2:18PM

Kirsti_o wrote: »

Reply off CO OP:

Good Afternoon,

Thank you for your email although I am sorry to hear of the issues below.

We would usually advise to troubleshoot with the manufacturer to try and diagnose the problem. Should the item appear to be faulty, an inspection will be arranged with a view to repairing the goods should the goods be repairable. Please find the contact number below.

Here is a short extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

Lots of other good stuff in there too.

DoaM · 15 March 2017 at 2:27PM

Kirsti_o wrote: »

Reply off CO OP:

Good Afternoon,

Thank you for your email although I am sorry to hear of the issues below.

We would usually advise to troubleshoot with the manufacturer to try and diagnose the problem. Should the item appear to be faulty, an inspection will be arranged with a view to repairing the goods should the goods be repairable. Please find the contact number below.

OK - I did say they might reply thus.

Did you buy it online or from a store? If from a store, have you tried taking it back there?

As wealdroam states, the MSE article tells you how to handle this.

Mum7 · 15 March 2017 at 2:29PM

Bought it online through Amazon but from co op electrical

agrinnall · 15 March 2017 at 2:37PM

I think Co-op's answer might be different if you tell them that you are using it for commercial purposes though.

Mum7 · 15 March 2017 at 2:41PM

How do I reply nicely that I want them to sort it not Kenwood?

Agrinnel- I'm not using it for commercial use. If they check it they will see this

3 month old faulty mixer. Kenwood refuse to fix

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