Faulty Appliance - Debenhams

fatJock_2

Tozer wrote: »

Legal position (rather than some of the speculative comments on here) - you are entitled to a repair or a replacement or the cost of a third party repairing. If neither are appropriate then you are entitled to a refund.

At last someone who agrees with Trading Standards.

fatJock_2

Brooker_Dave wrote: »

That's not true, best OP can hope for is a partial refund based on 2 years of use.

Reality says they need to get their coffee machine mended somewhere at their own expense.

Semantics I know but I have had less than two years of use. The first one lasted seven months! Admittedly the second has lasted over twice as long. In isolation however - less than two years for a £450 purchase is a bit steep!

Reality says Debenhams and/or the manufacturer need to wake up and smell the preverbial coffee. I bought the machine based on brand reputation and reviews. If I'd have wanted a throw away appliance I'd have paid sub-£200.

fatJock_2

Brooker_Dave wrote: »

Take them to court for what exactly???

Obviously very dependant on what they come back to me with but failure to comply with their obligations under the Sale of Goods Act - particularly relating to being fit for purpose.

Buying the goods forms a contract which is governed by the above act - there are specific customer safeguards written into it to address these very issues.

fatJock_2

Brooker_Dave wrote: »

I think they might point out that you've had it for 2 years.

Why do you think a full refund is in order???

In the interests of fairness you could have quoted me in full

fatJock wrote:

Am about to write to Debenhams to ask for a full refund but I suppose they could either offer a replacement or a repair.

I'm aware that I could be offered a repair, replacement or full/partial refund. Given those options my intention was to aim high and then negotiate. After all - if they could replace I'd be more than happy with my caffeine high!

Go back and read the OP. This is my second machine! The first lasted seven months - I have had the use of two coffee machines for two years .... but not the same coffee machine.

Forget the first one, the second has lasted all of 18 months - a new coffee maker with, to all intents and purposes, a guarantee for 12 months. 6 months out of standard guarantee and it's tripping my electrics - sure, I'll just write £450 off.

hollydays

Maybe if you want an all singing all dancing coffee machine you have to pay a lot more than £450?

Tozer

Brooker_Dave wrote: »

That's not true, best OP can hope for is a partial refund based on 2 years of use.

Reality says they need to get their coffee machine mended somewhere at their own expense.

I think it is. Contractual damages are designed to put you in the position you would have been in had the contract been performed correctly.

If the contract had been performed correctly (and assuming that the item should still be working after this period of time) then the issue of partial refund would not apply. The only time a partial refund MAY apply is if there is a short delivery or cosmetic or insignificant defect where the buyer elects to retain the item. The right to a partial refund may reflect the reduction in value. But in this case, the item doesn't work at all.

Contractual liability is strict. What you seem to be implying is that there is some defence for long use.

Brooker_Dave

Tozer wrote: »

I think it is. Contractual damages are designed to put you in the position you would have been in had the contract been performed correctly.

But stuff you buy does not come with a lifetime moneyback guarentee.

You can't just buy something and then years later demand a full refund when it breaks.

In your world everything is free.

Brooker_Dave

hollydays wrote: »

Maybe if you want an all singing all dancing coffee machine you have to pay a lot more than £450?

I thought £450 was a vast sum of money for a small domestic appliance.

The brooker household makes do with a spoon and a jar of gold blend.

Of course if the spoon ever fails I'll be back to the shop to demand compensation!

fatJock_2

hollydays wrote: »

Maybe if you want an all singing all dancing coffee machine you have to pay a lot more than £450?

Struggling to see where I said I wanted it to perform Cabaret. All I'm asking it to do is what it was designed to for an acceptable time.

fatJock_2

Brooker_Dave wrote: »

But stuff you buy does not come with a lifetime moneyback guarentee.

I totally agree ...... but there is an acceptable life cycle and, in my opinion, under two years is not acceptable.

I am more than happy to work with the seller and manufacturer to come to some sort of agreement.