Where do I stand with Tefal

chickien_2

Hey guys,

Hoping you can give me some advice. My Tefal Actifry stopped working a few days ago, smoke and sparks started coming out of it while we were cooking some chips. After googling the problem we came across the Watchdog website that had an article about this problem. I called the helpline number and spoke to a man who said he needed to know the date we purchased it on to see if he could help us ( it was definitely out of the guarantee period). Before I hung up to find the receipt he said that even if we purchased another one it is likely this problem would happen again.

Found the receipt today and called them again. Spoke to a very unhelpful lady who said our only options were to send it for repairs at our cost, to take it back to the retailer (Makro) to see if they would exchange it or to buy one from them at the reduced rate of, wait for it.................£110!!! They say the rrp is £199:eek: Tried to tell her that Tefal have admitted it's a problem so I think we should be intitled to a bit more than she was offering and also mentioned what the gentleman had said about the fault probably happening again, she wasn't having any of it.

So my question is, do I have any rights and should I expect more from them or is it a case of once it's out of guarantee there is nothing that can be done? By the way, I didn't purchase it on a credit card:(

Thanks for your time!

(Sorry, posted this in a thread by accident a few minutes ago):o

isplumm

chickien wrote: »

Hey guys,

Hoping you can give me some advice. My Tefal Actifry stopped working a few days ago, smoke and sparks started coming out of it while we were cooking some chips. After googling the problem we came across the Watchdog website that had an article about this problem. I called the helpline number and spoke to a man who said he needed to know the date we purchased it on to see if he could help us ( it was definitely out of the guarantee period). Before I hung up to find the receipt he said that even if we purchased another one it is likely this problem would happen again.

Found the receipt today and called them again. Spoke to a very unhelpful lady who said our only options were to send it for repairs at our cost, to take it back to the retailer (Makro) to see if they would exchange it or to buy one from them at the reduced rate of, wait for it.................£110!!! They say the rrp is £199:eek: Tried to tell her that Tefal have admitted it's a problem so I think we should be intitled to a bit more than she was offering and also mentioned what the gentleman had said about the fault probably happening again, she wasn't having any of it.

So my question is, do I have any rights and should I expect more from them or is it a case of once it's out of guarantee there is nothing that can be done? By the way, I didn't purchase it on a credit card:(

Thanks for your time!

(Sorry, posted this in a thread by accident a few minutes ago):o

it depends on how old it is - but do some research on the Sales of Goods act ... if within 6 years, then you will be entitled to something ..... but I think it is upto retailer - refund / replacement / repair.

Mark

Art_2

Go back to the retailer and see what they have to say. You may be entitled to a replacement.

Regards,
Art.

chickien_2

It's 16 months old, so I'm going to give Makro a call. I'll read up on the sales of goods act before I do........:)
Thanks Mark and Art!:beer:

pulliptears

Makro is a wholesaler. They wont replace or repair under the terms of the Sale of Goods Act. This is NOT the same as buying from Currys or some other consumer retailer, Makro do not have to adhere to these regulations.

chickien_2

Thanks for the response pulliptears, I guess this means I'm out of luck then

OlliesDad

chickien wrote: »

Thanks for the response pulliptears, I guess this means I'm out of luck then

Not really. The sales of goods act does apply if you bought this and used this as a consumer. Whether you are a consumer or not is a matter of fact and is not something that can be contracted out of.

Makro could claim against you for any losses as you have breached the terms of their membership by buying as a consumer, but in reality, they have had no losses. In addition they could cancel your membership.

A couple of weeks ago there was a similar problem with Makro and they were willing to help, so it may be worthwhile asking.

neilmcl

pulliptears wrote: »

Makro is a wholesaler. They wont replace or repair under the terms of the Sale of Goods Act. This is NOT the same as buying from Currys or some other consumer retailer, Makro do not have to adhere to these regulations.

Not this rubbish again - see above post.

pulliptears

neilmcl wrote: »

Not this rubbish again - see above post.

Not that simple though is it? From Makro's T&C's

Goods for sale are intended for and sold on the condition that they are for re-sale, commercial or industrial use only. Private individuals may not make purchases, and any Holder is deemed to have purchased for business use and is not considered to be a consumer.

OlliesDad

pulliptears wrote: »

Not that simple though is it? From Makro's T&C's

Hence my post, Makro may claim damages for breach of contract, but whether you are a consumer is a matter of fact that cannot be contracted out of.

It has been discussed in detail before.

Equaliser123

OlliesDad wrote: »

Hence my post, Makro may claim damages for breach of contract, but whether you are a consumer is a matter of fact that cannot be contracted out of.

It has been discussed in detail before.

Agreed. Cannot contract out of consumer rights.

Oh, and the Sale of Goods Act would still apply in a sale by Makro to a trader anyway.