JML - Best Way to Return Halogen Ovens

DisneyTheresa

Hi,

I have been lurking for a while! This is my first thread

My mum aged 74, purcahsed 2 halogen ovens from JML, one for her and one for me. She received these by DHL Monday 6th April 2009. The main problem is that it does not cook in accordance with how they advertise it, or on other reviews that we have read. She has a chicken in for over a hour and the legs were still raw. It is no quicker that her main oven. So, she wants to return it. What we need to know is what is the best way to do this, which is complicated by the fact she bought two ovens. I haven't even tried mine yet, but can't see me using it if mum has all those problems.

We could still return under Distance Selling regulations as Sat and Sun and bank holidays, do not count; but I understand we have to give this in writing and would have to pay the postage to return. This is stated on their T&C which of course were not received until the items were delivered.

The lid is also VERY heavy to lift, too heavy for mum, could that help us, but what about the unopened oven?

We could say it was faulty and I think under the Sale of Goods Acts we can get a refund. That would be ok for the one oven,, but what about the unopened oven?

There are also other things that they did not tell mum about:

1.) They told her both ovens would be delivered for the same postage as one £5.00 yet that charged £10.00.
2.) They got her to join a "club" where she was told she could then become a full member after 30 days if she wished to do so. BUT it actually states that if you do not cancel within 30 days they will take £99.99 from the same credit card that you used to pay for the ovens with!!!! How can they do that?
3.) She was told on the phone at the time of order that is cooks quicker than convential oven, it does not.

Any help would be most appreciated.

Many thanks

Theresa

DisneyTheresa

Anyone? please - I need to sort this out tomorrow

Theresa

4743hudsonj

section 14 of the sale of goods act (soga) states that goods should be as described, of satisfactory quality and fit for purpose. the first and latter of these apply to you. or atleast the opened one.

read section 14 of soga yourself, it takes 2 mins ( google search it) then ring them and qutoe the relavent lines of soga and demand that they collect it ( it is not your responsibility to pay, its the retailers.). Now what they have to do is repair or replace the used oven if it is faulty, and again you are not liable for any costs. if they find no fault then you may request a full refund as they have mis sold you the oven.

In the mean time test the other oven to give you an idea of which of the above will apply. if it has the same problem you will have to repeat the above process.

By the way if they refuse to do anything on the phone then write a formal complaint letter to the head office by recorded post keeping a copy for yourself. Tell then they have 10 days to reply,

4743hudsonj

Also i forgot to say that you should also say in the letter that if they dont reply in 10 days or they refuse then you will make a small claim court claim. And as for the other stuff you need to put more detail up.

regards josh

VfM4meplse

Good luck. I have seen the ads on night-time home shopping TV and wondered what the selling point is to anyone with an oven, microwave and grill. It must take up a ridiculous amt of cupboard / counter space too.

4743hudsonj

VfM4meplse wrote: »

Good luck. I have seen the ads on night-time home shopping TV and wondered what the selling point is to anyone with an oven, microwave and grill. It must take up a ridiculous amt of cupboard / counter space too.

i know lol. mite be better off with a few halogen lamps from ikea cooking the chiken. cheaper too

DisneyTheresa

Mum doesn't want a replacement - so I think I am correct in stating that she can insist on a refund. We don't want the unopened one either - not after all issues with it not cooking any quicker.

I am thinking maybe we would be best under the Distance Selling of returning it and paying the postage - which probably would be quite a lot (about £15). If we do that I know we have to put it in writing, but do we put it in writing and then just return them both?

Many thanks

Theresa

DisneyTheresa

VfM4meplse wrote: »

Good luck. I have seen the ads on night-time home shopping TV and wondered what the selling point is to anyone with an oven, microwave and grill. It must take up a ridiculous amt of cupboard / counter space too.

It was supposed to be cheaper and quicker - that was why she bought it (and me one!), but it isn't. I can't understand all the good reviews about them??? Also the lid is really heavy and she has trouble lifting it (which she told them) and it is very hot, you can't put it down anywhere as it will burn. The whole unit gets very hot and it is very bright - that could cause some people problems in itself.

Now she is very upset with herself for buying them over the phone - she has never done it before!

Theresa

4743hudsonj

DisneyTheresa wrote: »

Mum doesn't want a replacement - so I think I am correct in stating that she can insist on a refund. We don't want the unopened one either - not after all issues with it not cooking any quicker.

I am thinking maybe we would be best under the Distance Selling of returning it and paying the postage - which probably would be quite a lot (about £15). If we do that I know we have to put it in writing, but do we put it in writing and then just return them both?

Many thanks

Theresa

i didnt realise dsr still applied in your case, so yeh that would be better. and emails are acceptable, and possibly telephone if their T&C's allow you to. and im not 100% sure about if you have to wait but i would assume so. best to ring and ask at the same time as writing or emailing

4743hudsonj

DisneyTheresa wrote: »

It was supposed to be cheaper and quicker - that was why she bought it (and me one!), but it isn't. I can't understand all the good reviews about them??? Also the lid is really heavy and she has trouble lifting it (which she told them) and it is very hot, you can't put it down anywhere as it will burn. The whole unit gets very hot and it is very bright - that could cause some people problems in itself.

Now she is very upset with herself for buying them over the phone - she has never done it before!

Theresa

well thats partly why i quoted soga as it may just be a fault in that one unit. we dont know. i would reccomend testing yours before decidin on the correct action

DisneyTheresa

Right to Cancel
We offer a 30-day money back guarantee, excluding postage refer to T&Cs. You have a right to cancel your order at any time up to 7 working days after the day of delivery. Please contact our customer services department, should you change your mind.

Cancellation & Returns
Provided the goods are returned in good condition and not used we will issue a refund within 7 days. Should you wish to return a product to us, send it to our returns address at JML, East Side, Port of Tyne Authority, Tyne Dock, South Shields, Tyne and Wear, NE33 5SP. You should include a completed returns form which you can download here. Link to returns form Should you need further advice please contact our retail customer services team on 0871 221 2677 (for customers in UK) or 041 978 0003 (for customers in ROI).
If you are cancelling because there is a fault with the product, clearly state details of the fault. We will meet the cost of returning the product or products to us if the goods are faulty or incorrect by issuing you with a cheque. For all other cancellations, you must return the goods to us at your cost.
All returns should be sent via the Post Office. If you are returning a product or products, please ensure they are returned safely in or with the original shipping box and packaging materials.
We will not be held responsible for meeting the cost of returning product(s) by any other method. We are unable to refund “hygiene” products that have been opened or used. Hygiene products include pants, tights, earrings, personal beauty products and creams.

Statutory Rights
To obtain a refund, you must return the goods to us in the same condition as they arrived. So that there is no doubt, anything we say above in relation to returns, does not apply to any claim that the goods do not meet a standard required by law. Therefore if the goods are faulty or were damaged in transit, we will cover the postage costs.


I found this:

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.

The oven has been used, that was the only way to test it. DSR states you have the right cancel after you've has a chance to "examine" the goods; but would this include trying the oven, you wouldn't be able to do that in a shop???

This is doing my head in!!!



Theresa