Warranty problem with Dimplex

mchu6am4

Hi,

I purchased quite an expensive brand new oil radiator/heater about two years ago off ebay. The seller was not VAT registered (private seller) and there was no VAT receipt. The heaters are supposed come with 3years guarantee. When I contacted Dimplex (because the item has become faulty) they agreed to replace and asked me to email/fax the receipt which luckly I had a paypal email and I did.

They didn't respond and I emailed again was told the following:

" Unfortunately we can not accept your paypal receipt as a proof of purchase. The warranty will be given when the unit is purchased through a retailer or supplier, because you purchased this heater through ebay the warranty is void as this unit is a second-hand purchase. The only way this will be refunded is back to the original purchaser in this case that would be ***** "


Granted that I don't have a VAT receipt but if the item was not even introduced/in production then the item is still under warranty - Dimplex know when they introduced the product!

Is there anything I can do? I have regularly purchased mobile phone off ebay and sent to Nokia/Samsung for warranty repair without a question!

McKneff

Do you mean private seller or do you mean a company (retailer or supplier) that was not VAT registered.

Private seller indeed means that it is second hand (unused but still classed as second hand), the original buyer ie the person you bought if from will have the original VAT receipt from Dimplex.

BlueAngelCV

Your rights under SOGA remain the same even if you purchased the item from a third party. However the manufacturer's warranty is in addition to your statutory rights so it would not necessarily be covered by this.

I would write to them quoting SOGA and saying that it is not of satisfactory quality as it should have lasted longer than 2 years. Of course then you get into the issue of whether it is actually older. You seem to suggest that the product had only just been introduced when you purchased it though so that should deal with that isse.

mchu6am4

McKneff wrote: »

Do you mean private seller or do you mean a company (retailer or supplier) that was not VAT registered.

Private seller indeed means that it is second hand (unused but still classed as second hand), the original buyer ie the person you bought if from will have the original VAT receipt from Dimplex.

It was a private seller - yes I will write again see if it helps.

withabix

BlueAngelCV wrote: »

Your rights under SOGA remain the same even if you purchased the item from a third party. However the manufacturer's warranty is in addition to your statutory rights so it would not necessarily be covered by this.

I would write to them quoting SOGA and saying that it is not of satisfactory quality as it should have lasted longer than 2 years. Of course then you get into the issue of whether it is actually older. You seem to suggest that the product had only just been introduced when you purchased it though so that should deal with that isse.

The SOGA applies to the RETAILER and the CUSTOMER and NOT the manufacturer.

The OP did not buy the radiator from Dimplex, so they are not obliged to deal with the problem.

The OP needs proof of purchase from a supplier that is approved by Dimplex.

VAT or non-VAT receipt is irrelevant. Proof of Purchase from an authorised retailer is what is required.

mchu6am4

I plan to reply Dimplex with the following email - please advise anyway I can make it better/accurate:

Hi Aimee,

Many thanks for your reply. Could you please advise when these heaters (ROF2ECC) were introduced by Dimplex?

If it is the case they were only introduced less than three years ago and then Dimplex know it's still under warranty regardless as under the Sale of Goods Act 1979 it should work for the specified warranty period.

Please advise and I'm not very happy...especially if the unit was introduced less than three years ago. I have never had such a problem before regarding warranty - I have purchased mobile phones etc from ebay and sent to manufacturer for repair without a problem as the manufacturer knows (or should know) the date of manufacture and the warranty is honoured at least from that date.

Thanks, Ash

cajef

mchu6am4 wrote: »

I plan to reply Dimplex with the following email - please advise anyway I can make it better/accurate:


If it is the case they were only introduced less than three years ago and then Dimplex know it's still under warranty regardless as under the Sale of Goods Act 1979 it should work for the specified warranty period.

As explained your SOGA rights are with the retailer not the manufacturer, it is no good writing to Dimplex quoting something that does not apply to them.

The problem is you bought it on ebay probably cheaper than from a retailer and now you have the problems that occur when buying on ebay, you need to get the original bill of sale from the person you bought it off on ebay.

Hintza

This is one of the major flaws on buying items that are relatively expensive via EBay. You gain early but getting the discount price but if the item proves defective then it can be an uphill battle.

Sorry OP you can't really have it all ways and I suggest the seller will just ignore you and if not they will not necessarily have to offer you a 3 year warranty and you are back to SOGA and will have to prove an inherrent fault. Up hill battle all the way.

unholyangel

Its also worth noting that even if they are listed as a private seller, if they were acting in the course of a business then they should by all means be considered a business.

shaun_from_Africa

Another important point to remember is that if the seller was not acting as a business, then only a few parts of the SOGA apply to the sale.

Basically, when buying from a private individual the goods must be as described but do not need to be durable nor fit for purpose ( I have this exact statement in an e-mail from Consumer direct, which I will see if I can find later).

About the only chance you have of getting any sort of refund or repair is by showing that the seller was operating as a business at the time of the sale, and even if you managed to do this, actually getting anything back from them may be far from easy.