Section 75 on a power tool

Dane1980

Hi all. Some advice needed please.

I purchased a power tool (bosch multitool) to do some DIY on a newly purchased house. Tool was purchased from a tool store with a credit card. Unfortunately it stopped working during the first use.

The tool store have said I need to go to the manufacturer and arrange repair but I would prefer a refund (had to borrow a friends tool to complete the job as it was time critical and now I dont have much need for it).

Spoke to credit card company and the have also said that I have to deal with the manufacturer and arrange repair.

My question is am I entitled to a refund in the first instance?
Do I have any case for a refund with the tool store (ts and cs refer to manufacturer repair)?
Can I claim under section 75 as cc company has directed me to bosch?

Any help appreciated.

grumbler

Dane1980 wrote: »

The tool store have said I need to go to the manufacturer and arrange repair

They fobbed you off. Regardless of the manufacturer's warranty they have their own duties under the SoGA: Consumer Rights

but I would prefer a refund

Well, it doesn't matter what you prefer. Neither the supplier nor the manufacturer have any obligations to refund you. It's up to them to chose between repair, replacement and refund.

Spoke to credit card company and the have also said that I have to deal with the manufacturer and arrange repair.

They have fobbed you off too.
It's your choice to deal with the supplier or the manufacturer. Your rights against the CC company are the same as against the supplier. If the supplier keeps giving your runaround you can claim from the CC company under s75, but again, it's up to them to refund you or arrange a repair or arrange a replacement.

My question is am I entitled to a refund in the first instance?

No.

Do I have any case for a refund with the tool store (ts and cs refer to manufacturer repair)?

No, but the T&C cannot override the law.

Can I claim under section 75 as cc company has directed me to bosch?

Generally, yes, but not a refund, and only if the supplier refuses to fulfill their obligations.

That said, in practice it's possibly easier to deal with Bosh.

MSE article: Section 75 refunds

jonesMUFCforever

How much did it cost?

chattychappy

The OP is entitled to a refund for something that was pretty much dead on arrival provided he rejects the item promptly.

InsideInsurance

grumbler wrote: »

Well, it doesn't matter what you prefer. Neither the supplier nor the manufacturer have any obligations to refund you. It's up to them to chose between repair, replacement and refund.

That depends on the timeline.

As it was dead on first use the OP should be able to reject the goods under the SOGA and can demand a refund. See https://www.citizensadvice.org.uk/consumer/common-problems-with-products/faulty-goods/what-is-meant-by-accepting-the-goods/ where it gives examples of having a longer period for rejecting goods when first use is justifiably (eg a lawnmower bought in November and not first used until spring)