Brand new cooker - clock on it doesn't keep time - repair or replace

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stebiz wrote: »

They could reject under either surely? SOGA or DSR?

As Bod says, the DSRs have been superseded by the new CCRs.

The CCRs give 14 days cancellation.
The SoGA gives a 'reasonable time' to reject.

easy

hmm, I've just had a reply from AO

Thanks for your email.
I am sorry you are not happy with our resolution in this instance. I can appreciate how frustrating this must be.
In regards to such scenarios, the Sale of Goods Act 1979 specifies that it is the obligation of the retailer to offer a repair, an exchange or a refund for any product that is confirmed to be faulty. However it is the retailers choice as to which resolution they wish to pursue.
In this case, we would require the engineer to confirm that a fault is present. Once we have received this confirmation, if you did not wish to pursue a repair, we would look to offer a replacement.

Additionally, the Distance Selling Regulations were superseded by the Consumer Contracts Regulations on the 13th of June. This new law states that a customer is free to return any purchase they have made within 14 days. However if the appliance has been used the retailer can choose to deduct an amount from the refund to cover the loss in resale value.

Please let me know how you would like to proceed in this case. I do apologise for any inconvenience caused.

So, I've got to have time off work for an engineer. And as jack_pott says, it will take time for the engineer to prove it.

wealdroam

easy wrote: »

hmm, I've just had a reply from AO



So, I've got to have time off work for an engineer. And as jack_pott says, it will take time for the engineer to prove it.

Surely you would also need to take time off work to get the thing replaced, wouldn't you?

easy

wealdroam wrote: »

Surely you would also need to take time off work to get the thing replaced, wouldn't you?

nope, cos AO deliver 7 days per week.

bod1467

AO have been slightly disingenuous there. What SOGA actually says is:

Acceptance

Customers are entitled to reject goods if they are faulty (do not match the description , are not of satisfactory quality , or are not fit for purpose ) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.

For items sold in a shop, it is important for retailers to know that inspecting them in a shop is often not considered a reasonable opportunity. This is due to the restrictions of packaging and in-store display in allowing a customer to identify a problem or a fault.

For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults.

The law does not give a time limit for acceptance. When trying to decide if a customer has had a reasonable opportunity to inspect their goods, consider what an impartial person in a court would think reasonable for that product in the circumstances.

Faulty goods, no acceptance

If the item does not conform to contract (is faulty) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to

* reject the goods and claim a full refund, or
* request a repair or replacement if that is the customer's preferred option.

As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is

* taking an unreasonable time, or
* causing an unreasonable inconvenience, or
* if the repair or replacement is not satisfactory when they receive it.

Section 5 of http://sogahub.tradingstandards.gov.uk/explained

neilmcl

An important point that AO have missed is that you have a reasonable time in which to reject the cooker outright for a full refund (or possibly a replacement) and it could be easily argued that you are well within this period and have not as yet accepted the cooker. Doesn't take away from the fact though that AO are entitled to confirm that a fault exists.

rustyboy21

It most likely be a 5 minute job to swap over the clock and its circuits.


Yes you can get it replaced, but I cannot see them paying for the removal/re installation of the new model and as said above, you will have to take time off for the repair, or the swapover I cannot see them getting bogged down with uplift and replacements on a Saturday/Sunday, they will normally be done through the week, usually afternoons, when the vans are empty and on the way back to the depot, like any other courier works.


You will still have the right to reject the goods, if anything else fails anyway, your argument is better anyway, as you have already had it repaired once. I would let them sort it out , less time messing about and certainly a lot less hassle for you.