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Refund under guarantee

We have quite a posh electric fire which we paid £400 approx for and it's still under guarantee. For the past few months it has been making odd noises and whining noises which are really annoying and getting louder. It was purchased Early Dec 2014 with a one year guarantee.

The retailer say they will not take it back as the manufacturer will not accept returns from them. The manufacturer has offered to replace with same model but we would rather have a refund. The retailer can't do this for the reason given above or so they say but that doesn't sound right to me.

Can we insist on a refund from either of them please or do we have to accept a replacement?

Thanks in advance.

Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    You can't insist on a refund.

    And if they did refund they would not have to refund you in full.

    Guarantees have no legal status, it depends on their terms and conditions.

    Even if you went the legal route they could replace it or even repair it.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above manufacturer has no obligation to refund .
    You can go down the SOGA route via the vendor but that does not give you a right to a refund .
    As the product is over 6 months old you would need to prove the fault via an independent report .


    Essence is replacement from manufacturer .
    Or proceed via a paid for report against the vendor who can choose to repair or replace or refund . Refund will be subject to usage .
  • Pennylane
    Pennylane Posts: 2,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thank you both. will keep you posted.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Retailer can refund, replace or repair at their discretion. You have no contract with the manufacturer, so what they offer or do not offer is no concern of yours and a third party matter between them and the retailer.
    No free lunch, and no free laptop ;)
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    macman wrote: »
    Retailer can refund, replace or repair at their discretion. You have no contract with the manufacturer, so what they offer or do not offer is no concern of yours and a third party matter between them and the retailer.

    Which is exactly what the OP was told yesterday, what was the point of your post?
  • Pennylane
    Pennylane Posts: 2,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    macman wrote: »
    Retailer can refund, replace or repair at their discretion. You have no contract with the manufacturer, so what they offer or do not offer is no concern of yours and a third party matter between them and the retailer.

    I have asked retailer for refund and they say, so far, that they do everything through the manufacturer and they have offered me a new one. I don't want a new one, I'd prefer a refund.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Pennylane wrote: »
    I have asked retailer for refund and they say, so far, that they do everything through the manufacturer and they have offered me a new one. I don't want a new one, I'd prefer a refund.

    You can't insist on a refund and if they do offer one they can deduct a percentage to reflect the use you have had over nearly a year. You could always accept the replacement and then sell it.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pennylane wrote: »
    I have asked retailer for refund and they say, so far, that they do everything through the manufacturer and they have offered me a new one. I don't want a new one, I'd prefer a refund.

    I'm sure you do, but they have no obligation to give you one, and they won't, since they'll then carry the loss, rather than the manufacturer.
    No free lunch, and no free laptop ;)
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tykesi wrote: »
    Which is exactly what the OP was told yesterday, what was the point of your post?

    To emphasize the point. Which, going by their response in post 7, the OP still doesn't get.
    No free lunch, and no free laptop ;)
  • macman wrote: »
    To emphasize the point. Which, going by their response in post 7, the OP still doesn't get.

    Christmas is coming, could do with some cash?
This discussion has been closed.
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