Replacement Item also has same fault - Can I claim a refund

lgb2100

In November 2007, I purchased a Domotec Steam Iron from my local John Lewis Store.

Almost seven months later it developed a fault whereas the off/on switch would not operate, thus making the iron unsafe to use.

I went back to the store for a replacement/refund and was told that they were unable to, as the item was over six months old, and I had to contact the manufacturer.

When I mentioned that I thought this was untrue, and that maybe the store should contact the manufacturer, they stated that this could be a few weeks, and that it would be quicker to contact the manufacturer direct.

I was not offered a refund either.

I contact the manufacturer, who sent out a replacement iron the next day, in return of the fault iron.

This replacement iron, has now developed the same fault with the off/on switch !

I assume under the consumer laws, I am entitled to a refund/replacement even though a year has passed since teh original purcahse date as I believe the fault to be common in this product.

Am I entitled to a refund/replacement ?
Who do I request a refund from ? (manufacturer/retailer)

Any views ?

Ivory_Tinkler

If the manufacturer sent you a replacement before, then I would contact them again to see what they can offer. They must have a record of replacing your iron so they may just send you another.

lgb2100

Ivory_Tinkler wrote: »

If the manufacturer sent you a replacement before, then I would contact them again to see what they can offer. They must have a record of replacing your iron so they may just send you another.

I rather have it refunded, and purchase another manufacturer's iron.

Two faulty irons puts me right off using that item again.

Just found this, so have sent an e-mail to the retailer's to see what they have to say.

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html?ITO=1490

scullster

Technically the manufacturer has no contract with you therefore is not obliged to do anything - it is with the retailer.

Based on what you've said, and whats gone on before, you're best bet is a replacement which you may get direct from the manufacturer, or possibly a repair.

You wouldn't get a full refund from the retailer, only a partial one, and then only after reminding them of their obligations under SOGA. They are within their right to arrange a repair or replacement (the former providing it can be turned around in a reasonable timeframe).

lgb2100

scullster wrote: »

Technically the manufacturer has no contract with you therefore is not obliged to do anything - it is with the retailer.

Based on what you've said, and whats gone on before, you're best bet is a replacement which you may get direct from the manufacturer, or possibly a repair.

You wouldn't get a full refund from the retailer, only a partial one, and then only after reminding them of their obligations under SOGA. They are within their right to arrange a repair or replacement (the former providing it can be turned around in a reasonable timeframe).

The first time the fault occured (on the original), the retailer (John Lewis) stated that I had to contact the manufacturer, and that was even after reminding them of their obligations under SOGA.

I have contacted both the retailer and the manufacturer to see what each suggests.

lgb2100

Progress...

The manufacturer has contacted me - 4th June, and even arranged for the iron to be picked up on Friday 5th June.

I guess I'll hear something about it next week - I assume repaired !

John Lewis has also replied to my e-mail requesting details : -
"So that I can action your email could you please send me your contact
details and any references you have from Domotec or ourselves?"

This I replied to on 4th June, but haven't heard anything since........

lgb2100

Manufacturer is replacing the iron with another model (display model), offering a three month warranty.

I have stated that this was acceptable, but not keen on the warranty just being three months, as it took 7 months for the 1st iron to develop a fault, and 11 months for its replacement to develop the same fault.

As the model has changed, is the retailer still responsible for its replacement under EU laws if the iron develops another fault.

(Still awaiting for John Lewis to contact me, after their initial request for copies of correspondance reagrding the first replacement - that they would not replace)

At least the manufacture is ensuring it's best customer practice/communications.

Hopefully, this replacement will last its lifetime......

lgb2100

After notifying the retailer that I have been supplied with a replacement from the manufacturer, and reminded them that they have not replied to my e-mail, they have now offered me either a full refund or a replacement.

Why not offer me this on my first iron ?

Why would I now require a refund/replacement as the manufacturer has stepped in and provided me with one !

mc33033

lgb2100 wrote: »

After notifying the retailer that I have been supplied with a replacement from the manufacturer, and reminded them that they have not replied to my e-mail, they have now offered me either a full refund or a replacement.

A full refund?! Way more than they have to - they are only obliged to offer a partial refund in this case. Good on them though for going over and above what the law states.

lgb2100

mc33033 wrote: »

A full refund?! Way more than they have to - they are only obliged to offer a partial refund in this case. Good on them though for going over and above what the law states.

The refund was only mentioned in an e-mail.

I have returned their e-mail with my contact details, and have again reminded them that the manufacturer has stepped in and replaced the faukty item.

I have also asked, why I wasn't offered a refund/replacement when my first iron developed a fault (within seven months of purchase).

I have yet to receive a response to this. (When the manufacturer replace the first faulty iron, I also contacted the retailer asking why they did not off a refund/replacement - no response to thsi was given).

In my belief, the retailer has not gone over what the law states as they failed to offer a refund/replacement the first time.

It has been the manufacturer that has come out on tops, as they according to the law not obliged to offer a replacement.