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who is my contract with?

vickynleon
Posts: 493 Forumite
i purchased a sewing machine from hobby craft in September. it was picked up instore not ordered. I rung the other day to explain it has now become faulty and what I need to do but they have said I need to ring the manufactured which is brother and they will arrange to collect it and see if it needs repairing but I though my contract is with hobbycraft so really I should be taking it to them and they should be dealing with brother for me. could someone please confirm that is right or is it right what hobby craft are telling me? Thanks in advance.
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Comments
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Yes your contract is with the retailer, rather than the manufacturer
however, sometimes it can be quicker and easier to deal with the manufacturer. If you really wanted to, you could insist the retailer does it for you, but this may delay the fix0 -
Thanks for reply, it would just be easier if I could deal with hobby craft only because i'm rarely in the house so I couldn't wait in for them to collect whereas I can just drop it off in hobbycraft and pick it up when its back then. Thanks.0
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Just take it to the store and explain that it has become faulty. Leave it with them (get a receipt or similar to prove you have done so) for them to sort out. (Which they must do without significant inconvenience, so I'd expect the repair, replacement or refund to happen within 30 days).
If they give you any spiel about contacting the manufacturer just tell them that you realise that you could invoke the manufacturer's warranty, but instead you are invoking your consumer rights under the Sale of Goods Act as it is more convenient for you to do so.
In reality they'll just send it back to the manufacturer. But that's not YOUR problem.0 -
Always deal with the Retailer.
The reason I've found is, in 2 months time after you've shipped it back to the manufacturer, they've lost it / can't repair it / decide it's your fault you'll have no comeback on the retailer becuase you chose to bypass them.
This advice is based on bitter experience.0 -
Thanks for the responses much appreciated :beer:0
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Vicky, if Hobbycraft start getting shirty tell them clearly that you do not accept third party liability, your contract is with Hobbycraft and it is up to them to remedy the situation. You must allow them a reasonable time to do that, but what is defined as reasonable does vary.
Did you buy it on a credit card and was it for more than a hundred pounds?
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