Rights with a faulty machine???

Cliecost

Hi,

Year long story short. I bought a decent Samsung washing machine from AO.com in the past year it has broken down twice (I've not had it for a full year yet). It has a 5 year guarantee with it for labour and parts and if it's not fixable they say they'll replace it for the same one.

My question - Is there any way of getting a refund on this thing as I can't see it getting any better?

I don't suppose there is but I thought it'd be worth a try to ask.

Thanks.

neilmcl

You can ask but you have no right to a refund and definitely not a full refund bearing in mind that you've had a year usage out of the machine already.

Cliecost

neilmcl wrote: »

You can ask but you have no right to a refund and definitely not a full refund bearing in mind that you've had a year usage out of the machine already.

Yeah I get I have no right to a refund, even an exchange would be fine but I don't think a year of usage would come into it as it's not my fault/choice it keeps breaking.

zoob

What the problem with the machine?

societys_child

but I don't think a year of usage would come into it

Yes, it does.

mattyprice4004

Cliecost wrote: »

Yeah I get I have no right to a refund, even an exchange would be fine but I don't think a year of usage would come into it as it's not my fault/choice it keeps breaking.

It doesn't really matter what your opinion is - the law says that a retailer can reduce a refund for use you've had out of the product.

Some retailers won't, but a lot do.

neilmcl

Cliecost wrote: »

Yeah I get I have no right to a refund, even an exchange would be fine but I don't think a year of usage would come into it as it's not my fault/choice it keeps breaking.

It doesn't keep breaking, by your own admission it's broken down twice in a year so presumably you've been able to use in the other 10 months or so? The law states that a seller can deduct an amount for usage.

Personally I'd stick with the replacement on offer or an equivalent machine by another manufacturer if you can persuade AO to play ball.

Cliecost

neilmcl wrote: »

It doesn't keep breaking, by your own admission it's broken down twice in a year so presumably you've been able to use in the other 10 months or so? The law states that a seller can deduct an amount for usage.

Personally I'd stick with the replacement on offer or an equivalent machine by another manufacturer if you can persuade AO to play ball.

Actually I have only had it since late August. Not something I would expect from a £400 machine.

zoob wrote: »

What the problem with the machine?

First time wa about a month after I got it. According to the engineer the bearings exploded so it couldn't spin correctly.

neilmcl

So have you spoken to someone at AO yet?

herbie44

Hi, I would say that as you have had a problem in the first 6 months of purchase, the washing machine was Faulty & you could have for a refund or a repair or exchange at your choice.


The shop has to prove that the fault was not here when purchased & consumer law says that if a product goes wrong in this period then you can get a refund or repair or exchange from them or credit card company or loan company.


Now I am presuming that the repair is not satisfactory or that the washing machine may have other issues which could be a result of the initial fault. Whether internal damage or cosmetic as a result should still be able to claim for at least repairs if you choose or refund.


The fact that you chose to use the repair option at no cost to you should not effect the possible claim for merchandisable quality, fit for purpose , as described and last a suitable length of time (5 years in English law).

The fact that you may been inconvenienced and without use whilst waiting for the washing machine to be fixed (appointment, waiting in, time off work etc) should be enough to demand a refund with No deduction (unless you have had reasonable use since the last repair ).


If you have paid on credit card contact the card company and claim under section 75 (goods costing over £100) and ask for refund as you have given the company two chances to put things right and you still are not happy with the end result.


Also writ to AO.com and point out YOUR Consumer rights and section 75 of the consumer credit act with your card issuer if they don't play ball- if you did pay by card.


If you paid by credit loan with the AO.com or other company you can claim from them too under this credit act. You can claim from the company you purchased the item from and the credit card/loan company or all of them.


Have you also contacted Samsung direct with a complaint about your washing machine? You may be surprised as to the response may be.


I had problem with whirlpool washing machine (after repair during first 12months then went wrong after 4years & got a full refund less 10 % depreciation for the two years use repair free from credit card company)and contacted whirlpool and they offered me an excellent discount on any new washing machine with a free delivery as well.


I hope this helps.