Consumer Advice Needed

nordberg

Hi,

I wonder if someone can help me. Last week I bought a gas barbecue from an online reseller. When the barbecue arrived, I immediately noticed it was damaged. However, as it was fairly minor damage and I had planned my whole weekend around the barbecue with friends/family visiting etc, I decided to accept it. When we started putting it together on Saturday morning, it became obvious there were some fairly major manufacturing faults on the wooden frame. Several screws would not line up and therefore it was impossible to construct it fully. Again, at this point I decided to continue putting it together with a view to sending just the wooden frame back on Monday. So we cooked on it and all was well, until I needed to re-light it. The igniter has worked once and now refuses to work again. At this point I decided enough was enough and I decided to ask for a refund as this barbecue is clearly not fit for the purpose sold.

After speaking to the reseller who, in turn, spoke to the manufacturer, I have been offered, what I deem to be, an unsatisfactory resolution. They have offered to send me replacements for all the damaged components along with £15 compensation for my time. Now, I would rather just return the item for a complete refund as I have no faith in it. They say that because I have cooked on the barbecue, it can not be returned to stock. My argument is that if I hadn't cooked on it, I wouldn't know the igniter had gone faulty. Couple the faulty igniter with all the other problems with it, I think I deserve a full refund but I am not sure where I stand legally.

Can anyone advise?

Cheers,
Matt

Astaroth

It is a difficult one to be honest and you probably need more professional advice.

Generally speaking if the item is faulty at the time of purchase you have the right to decide how it is dealt with (replacement, refund, etc) however if you are deemed to have accepted the item then you lose this right. The question comes down to if actually using the item is deemed as having accepted it given that you knew of the (majority of the) faults as you put it together.

It is a judgement call and I certainly dont know of enough case law to say what the presidence is but it does sound to me like you would have been deemed to have accepted it and therefore it is up to the retailor to decide how to deal with the fault

nordberg

Thanks. That's pretty much how I see it...to a point.

I accepted the initial cosmetic damage. I didn't accept the manufacturing fault on the wooden frame but summised that I could send that particular part back and still use the barbecue as it would not be affected by cooking on it. The bit I didn't and do not accept is the faulty igniter which renders the barbecue not fit for its purpose. I am not prepared to put my head under a gas burner and light it with a match everytime I use it. This fault is not one that could be identified without using the barbecue so it's a bit "chicken and egg" from that point of view. Also, the supplier is making the assumption that I would be prepared to spend my own time re-building this item and all the logistical nightmares that will come with waiting for deliveries/collection etc when, to be frank, I don't think I should have to go through any of this for an item that is only days old.

If I buy a pair of shoes and the heal falls off them the day after I buy them, would I not be entitled to a refund?

Astaroth

As we both say, it is a judgement call....

Are you wanting a refund and intend to buy another one or would you accept a complete replacement?

Excluding the legal rights aspect, looking it from a retailors point of view, you have bought, what I assume is, a fairly expensive item, used it and now want to return it for your money back... I know from personal experience of working in mail order that many people intentionally order things with the intention of using it once and then returning it for a refund and therefore it makes you very suspicious of these types of incidents.

If you were to accept a full replacement then you would still have the rebuild time to consider - though there could be a safety arguement on not wanting to keep something that has had a fault with the gas aspect of it.

Long and short of it though... you should have got a proper charcoal bbq

nordberg

Astaroth wrote:

Long and short of it though... you should have got a proper charcoal bbq

I have just emailed them again as follows:

I have just been looking at the T&C's on your website; in particular this excerpt:

Additionally, if the product delivered to you is not what you ordered (including an unapproved substitute product), does not correspond with its description, the product delivered is not of a satisfactory quality or the product arrives damaged or faulty, we may replace the item or affected parts. You can also cancel the order and receive a full refund. You will not be charged for the cost of returning an unapproved substitute or defective product.

If the product becomes defective soon after 7 working days have passed, Kybotech Ltd will, at our discretion, repair the product, replace the product or refund you. You will not be charged for the cost of returning a defective product.

I realize I have been offered replacement parts, but I was under the impression this gesture was from Lifestyle and not from Kybotech? As my contract is with Kybotech, the reseller, should I not I expect you to honour your T&C's. With regard to Lifestyle refusing a refund on the basis that the item has been used, it seems to me that the fault (faulty igniter) could only ever be identified through use.

To re-iterate, I do not accept that my spending time on re-assembling and replacing faulty parts on this item is a satisfactory solution for an something that is brand new. I have absolutely no faith in this product based on a component failure at such an early stage in its life.

In answer to your question, yes I would like a full refund. This is based purely on the fact that I have no faith in a product that has already failed after one use. Yes, it was expensive (£150) and I would have hoped it would stand up to a considerable amount of wear and tear over the years.

I await their response. I would like to hear from anyone else who has any similar experience or knows where I stand legally. I am considering phoning my local TS office to get their opinion.....

hollydays

Have you seen how Kybotech has updated other posts on this site?

Kybotech

Just for information: If an item is delivered and you immediately notice a fault or problem and report this, if you continue to build or use the product then under the terms of the Sales of Goods Act you have 'accepted' the item and cannot reject the goods for a refund. The retailers course of action is to repair or replace the item in this instance. I believe this was offered and compensation was also offered in this case.