No replies from company - what are my options?

mikepoole

My wife bought a Bamix mixer/food processor at the Ideal Home exhibition back in March for a not inconsiderable sum of money

When she got it home, it became clear that the product was unsuitable for her (she has poor strength.flexibility i her hands and the salesperson was not clear that you have to keep the button pressed down manually all the time rather than it clicking down). As a tresult of this (and a few other issues) she emailed Bamix/ProvenProducts to request how she could obtain a refund

She emailed on 30th march. No reply.

She emailed again 3rd April. No reply/acknowledgement

She phoned on 9th April. Spoke to a customer service rep who said her email had been received and passed on to the relevant person who would reply asap

She emailed again 11th April to chase. No reply/acknowledgement

She emailed again 24th June to chase (the gap was due to her being in hospital). No reply/acknowledgement

She obtained the MD's email address from the website and emailed him 5th July. No reply/acknowledgement.

I telephoned the company last Friday and was given the email address of a person who would deal with our issue. I have emailed and two days later received no reply/acknowledgement

My question is...how can I escalate this? We feel the customer service has been disgusting and that by identifying our problem within a day or two of the sale we are entitled to pursue a refund. When a company just flatly refuses to reply/start a dialogue, how can this be escalated and who to? (Trading standards?)

Many thanks for your time

NOTE: I don't want to put anyone off buying a Bamix mixer/processor. They are just not for us!

Mike

Valli

mikepoole wrote: »

My wife bought a Bamix mixer/food processor at the Ideal Home exhibition back in March for a not inconsiderable sum of money

When she got it home, it became clear that the product was unsuitable for her (she has poor strength.flexibility i her hands and the salesperson was not clear that you have to keep the button pressed down manually all the time rather than it clicking down). As a tresult of this (and a few other issues) she emailed Bamix/ProvenProducts to request how she could obtain a refund

She emailed on 30th march. No reply.

She emailed again 3rd April. No reply/acknowledgement

She phoned on 9th April. Spoke to a customer service rep who said her email had been received and passed on to the relevant person who would reply asap

She emailed again 11th April to chase. No reply/acknowledgement

She emailed again 24th June to chase (the gap was due to her being in hospital). No reply/acknowledgement

She obtained the MD's email address from the website and emailed him 5th July. No reply/acknowledgement.

I telephoned the company last Friday and was given the email address of a person who would deal with our issue. I have emailed and two days later received no reply/acknowledgement

My question is...how can I escalate this? We feel the customer service has been disgusting and that by identifying our problem within a day or two of the sale we are entitled to pursue a refund. When a company just flatly refuses to reply/start a dialogue, how can this be escalated and who to? (Trading standards?)

Many thanks for your time

NOTE: I don't want to put anyone off buying a Bamix mixer/processor. They are just not for us!

Mike

It's unfortunate that you are being ignored (for whatever reason) by the company you contacted, (was this the vendor?) nevertheless it would appear, from what you have said, that as the machine itself is not faulty then you have no rights to request a refund under the Sale of Goods Act. This applies no matter how soon after the sale you first contacted them - unfortunately the onus is on a purchaser to select goods which are appropriate. The vendor is not expected to assess suitability! In short, this is a 'change of mind' purchase and the vendor may elect to refund or not.

If however, your wife was advised that the gadget would be suitable for her, given her limitations, you might be able to claim it has been mis-sold. This doesn't appear likely.

mattyprice4004

As above, I don't think you're getting a refund. The onus is on you to make sure the product is suitable, if she can't hold a button down this should have made this clear to the salesperson.

Probably best selling it on eBay or the like.

Valli

well given OP has [STRIKE]flounced[/STRIKE] logged off now that I've posted I think we are once again in the realm of 'I don't like the answer I've been given':o

mikepoole

Hi Valli

Does OP mean "Original Poster"? I only logged off because I was at work!

Thanks for your reply. It is much appreciated and makes perfect sense. We were hoping that the company's customer service would be far better (I think I'm more annoyed at the complete lack of acknowledgment rather than the actual refund at this point - nothing worse than being ignored!)

We might keep plugging away. is there no "cooling off" period?

Many thanks again for taking the time to reply

Mike

Valli

mikepoole wrote: »

Hi Valli

Does OP mean "Original Poster"? I only logged off because I was at work!

Thanks for your reply. It is much appreciated and makes perfect sense. We were hoping that the company's customer service would be far better (I think I'm more annoyed at the complete lack of acknowledgment rather than the actual refund at this point - nothing worse than being ignored!)

We might keep plugging away. is there no "cooling off" period?

Many thanks again for taking the time to reply

Mike

Sorry for my rant! OP means both original post and original poster and I'm just a little fed up of the trolls we've been getting and the accusations I have had levelled against me lately (from others; not you!)

No, there's no 'cooling off' period; as long as the goods are not faulty no retailer/vendor has to offer an exchange or refund. Some (M&S for example) do offer the right to exchange but this is over and above their obligations under SoGA.

Your only chance would be if you had outlined particular needs when purchasing an item and asked, prior to agreeing to buy, whether the item would be suitable.

Having said that I think ignoring you is off; they may well be fully aware you have no legal right to a refund and are ignoring you in the hope you'll go away.

So either someone in your family is going to get a very nice Christmas gift or you could sell on ebay (or similar).

Anyway, as I said, I apologise for ranting.

(Goes to don hair shirt and wield flail)

pinkshoes

If she made her requirements clear to the salesman, and it should have been obvious that it was not suitable, then you should try and claim for mis-selling.

Stop emailing and phoning though. Write and give them a deadline to respond, and send with proof of postage.

Hintza

pinkshoes wrote: »

Write and give them a deadline to respond, and send with proof of postage.

And then what?

mikepoole

Thanks pinkshoes

I forgot to put in my initial post that we have printed out the emails and sent them recorded delivery to their Head Office. They have been signed for so we know they have them

My question is around where to escalate this if we continue to be ignored (as Hintza implies). If everyone had to go away just be being ignored, companies would just ditch customer service completely!

Mike

dalesrider

Might be part of the non contact issue

From 15th July 2013 to 4th August 2013 we have our annual summer vacations.
Our factory and office will be closed during this period.

mikepoole

Thanks dalesrider. I had seen that - doesn't really explain/excuse the lack of anything since 30th March though