ecookshop won't accept return on faulty product :(

booey1

Hey

So I'm having a problem with ecookshop. I bought one of their most expensive blenders just before Christmas as a present for my wife. It broke 30 days later (the blender made a weird sound and then plastic bits came out of the bottom - I have a dated photo if this).

I wasn't sure if it was broken or something else, so I checked it again at the weekend and found it was. Then I emailed them with the dated photo.

They didn't respond for several days so I called. I was told on the phone by a lady that because the break happened after 28 days they couldn't help me and I had to go to the manufacturer.

I've been reading on here though that they have to accept it back if it is faulty. Is that correct?

Also their returns policy is 30 days:


Returns Policy
If for any reason you are unhappy with your purchase, you can return it to us in its original unused condition within 30 days of the date you received the item and we will issue a full refund for the cost of the item. If you wish to return goods to us you must send them back to us at our contact address at your own cost and risk. We will be unable to issue refunds for items that we do not receive.

http://www.ecookshop.co.uk/ecookshop/other/returns.asp

Should they be refunding me? How do I get a full refund or brand new replacement?

Thanks, I'm really not sure what my right arts with this one and they really don't seem to want to help me at all The sad thing is we'd saved for it and it was so expensive that we can't afford to get another

bod1467

Their policy can say what it likes, it doesn't supersede The Law (Sale of Goods Act 1979).

After a reasonable period, once acceptance has been deemed to occur (and 28 days would be reasonable for such a product) then the seller is obliged to provide a remedy (repair, replace, refund - effectively their choice) for any fault that occurs. Up to 6 months from purchase (the period you are now in) the fault is assumed to be inherent and the seller must prove otherwise if they want to avoid providing a remedy.

So now you write to them (email is OK if they offer that means) to demand that they provide a remedy under the Sale of Goods Act for this faulty product purchased on X date. Your preference is for a refund. The goods will be made available for collection at a convenient time, or will be returned on receipt of a prepaid postage label or receipt of payment for the returns cost. You await their response within 14 days at the most.

How much was it? How did you pay? (Debit card or Credit card).

wealdroam

booey1 wrote: »

I was told on the phone by a lady that because the break happened after 28 days they couldn't help me and I had to go to the manufacturer.

This short extract from MSE's Consumer Rights guide will help:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

The rest of that article is worth a read too.


Their returns policy is only for change of mind type of returns.
Because the goods are faulty, that does not apply.

booey1

Thanks, I paid by card it was reduced to £99.

I'll try writing to them.

bris

booey1 wrote: »

Thanks, I paid by card it was reduced to £99.

I'll try writing to them.

Even if the do see sense and decide to deal with it they will just return it to the manufacturer for repair or replacement, this will take a couple of weeks longer than it needs to.


You can of course choose to let the manufacturer deal with it in half the time. Sure SOGA says this SOGA says that but back in the real world retailers don't care, half of them even believe what they are telling so you could just save yourself the trouble and get in touch with the manufacturer.

booey1

Thanks everyone. I quoted the Sale of Goods Act and they agreed to collect the item at my earliest convenience. All sorted now.

Thank you so much for your help.