Faulty Hinari microwave under guarantee

vettys

I purchased a built in Hinari microwave 7 months ago for a new fitted kitchen in the summer. It was fitted 5 weeks ago and is now not working. I have spoken to an online Hinari specialist who said basically its K****ered and should be binned or if under guarantee replaced. So I went back to Guaranteed4less whome i bought this item off and paid through paypal and stated it was under guarantee and what the service specialist said. They never returned my further calls after promising they would (not suprised at all) Now when i call them i get a fax machine so can't talk to anyone. I recieved one email saying the following:
Hello Yvette Thank you for purchasing the mircowave, You have two options you can either send back the microwave and we will get someone to have a look and try to fix the microwave (the return address is below) or you can get a local electrican to have a look at the product and get them to fix it please note this will not invalidate the warrently and we will pay for this up to £20.00. Return address ADVANCED GLOBAL PRODUCTIONS LTD. FAM LOGISTICS COE HOUSE COE STREET BOLTON BL3 6BU Kind regards Kathy
I replied by email as it is my only means of comms now stating that The guarantee states "If any defect arises during this period due to faulty materials or workmanship, a refund, replacement unit or FREE-OF-CHARGE repair (where possible) will be given by the dealer from which it was purchased" But pointed out that the quote from a carrier came in at £15.00 as proof of collection and receipt is needed doesn't to me come under free of charge repair and also stated that the guarantee also said "It will be rendered invalid if the product has been damaged by inexpert repair" so this option 2 they gave me can be used against me so that they don't have to stick by the guarantee-I'm not that stupid.
They have informed me that if I want to pursue it under the guarantee then it's my responsibility to return the item to them at my cost and then have it collected at my cost and arrange it with my own carrier. This is going to cost £15.00 so what use is the guarantee. My only concern is that they have made a point of stating that if they receive the microwave and the fault is due to our misuse the guarantee is void and we must pay to have the faulty microwave sent back to us. I'm vbery cautious here because of the way they have dealt with this so far. Does anyone have any advise here

bingo_bango

The problem here is that you are trying to anticipate a problem.

You can't take a course of action because you believe something might happen. You just have to deal with issues as they arise.

I've had a look at the terms on their ebay shop, and most are fine (wrong amount and timing of the 7 working day right to return. You also don't need to return the original packaging. They are explaining your statutory rights in a simplistic manner, but they are there.

I suspect you'll have to send it back and see what happens from there.

djb215

When you referenced "FREE REPAIR", it means legally under the Sale of Goods Act that the retailer can't charge you for replacement parts/labour cost etc towards the microwave, but unfortunately for you legally they don't have to give you any form of compensation towards the cost of returning it to them.

Out of interest, how much did you pay (excluding P&P) for the microwave?

The_Pedant

legally they don't have to give you any form of compensation towards the cost of returning it to them.

The second part of that statement is incorrect is incorrect, The Sale Of Goods Act is quite clear on the subject of repairs/returns. Section 48B(2)(b) states the seller must:

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

The intent of the SOGA is to not burden the buyer with additional costs because the goods have not met the statutory obligations expected.

Therefore, either the seller needs to arrange for the goods to be collected, or I would expect them to state which service they wish you to use to return the goods, and for those costs to then be reimbursed. Asking them to state the service to use, means they can hardly quibble over costs. Remember, regardless of what service is used, to obtain proof of posting, or a signature from the driver to confirm the item was dispatched/collected.

deanos

If you had to take an item back to a shop under guarantee it would cost you your time, petrol, parking costs and wear and tear twice once to take back and again to collect ?

https://www.parcel2go.com will charge around £8 for a courier collection/delivery, go through a cashback site and get £4 back.

The_Pedant

I would expect it to be returned by the same means it arrived, even though in some cases I may be entitled to more.
If I picked it up, then yes, I would take it back.

If it was sent to me however, I would expect it to be picked up. A buyer should not be burdened by additional costs because something they bought did not live up to the statutory obligations on the retailer, with respect to the goods being of suitable quality and lasting for a reasonable period of time.

It is for this very reason that such obligations and rights have been enshrined in law.