Dodgy Bodum AG who refuse any responsibility

xiix

Hi all

I was given a Bodum Bistro b. over coffee machine around 2 years ago from a friend. He bought it in a shop and paid cash (as there was an additional 5% discount if you do) and paid £79.90 for it. (bodum.com/gb/en-us/shop/detail/11001-294UK/)

To be fair, the machine, when it was working, makes the best coffee ever but it was shoddily made with the wrong choice of materials. I have since realised that this machine is prone to on/ off buttons not working, and the plastic material used in the casing and surround are prone to cracks and degradation rapidly even if you took great care of it. (see link: productreview.com.au/p/bodum-bistro-b-over.html

I could put up with the material bit but the on/ off button became a real menace recently right before the 2 year warranty period even though I followed all the de-scaling schedule and instructions of use.

So I contacted the Bodum UK office (but oddly got an reply from Bodum AG, go figure) who twice denied me an exchange or a replacement.

The was the first response:

Thank you for your email.
We are sorry to hear of the problem you have had and thank you for bringing it to our attention.

Your recourse is to the Retailer from where the item was purchased. It is likely that they will only deal with such matters if a proof of purchase is produced. Also they will only provide exchange or refund for products that are defective not those damaged in handling and use.
The purchaser should therefore take up the matter with the Retailer.

The Warranty for BODUM electrical products is for 2 years against material defects or malfunctions which can be traced back to defects in manufacturing or design. Warranty claims must be made to the merchant from where the purchase was made.



Best regards
BODUM AG


Except the retailer has gone bust and my friend did not pay on his credit card. In response I said:

The shop went bust and have shut down, so what now?

My interpretation of the Sale of Goods Act 1979 and The Consumer Protection Act indicates that the onus lies with you.


The latest response I had from them is incorrect I believe (as below):

Thank you for your further email.
We are sorry to read that you are not satisfied with our previous response to you. That response is however correct in all detail.
The legislation you have quoted describes rights and obligations between a purchaser and the merchant from where they make that purchase. As you have indicated that the purchase was made some years ago the Consumer Protection Act would not be relevant.
We have in exceptional circumstances undertaken certain Retailer obligations even where we were not the Retailer. In such circumstances we must be provided with a valid, dated proof of purchase and the product should be sent to us here in Denmark for inspection.

Best regards
BODUM AG


From what I understand, it is not a must for a 'valid, dated proof of purchase' and both Acts I quoted should cover this. Bodum AG are just being sly.

What can I do other than pursue this via Small Claims Tribunal?

Thanks!

wealdroam

xiix wrote: »

Hi all

I was given a Bodum Bistro b. over coffee machine around 2 years ago from a friend. He bought it in a shop and paid cash (as there was an additional 5% discount if you do) and paid £79.90 for it. (bodum.com/gb/en-us/shop/detail/11001-294UK/)

To be fair, the machine, when it was working, makes the best coffee ever but it was shoddily made with the wrong choice of materials. I have since realised that this machine is prone to on/ off buttons not working, and the plastic material used in the casing and surround are prone to cracks and degradation rapidly even if you took great care of it. (see link: productreview.com.au/p/bodum-bistro-b-over.html

I could put up with the material bit but the on/ off button became a real menace recently right before the 2 year warranty period even though I followed all the de-scaling schedule and instructions of use.

So I contacted the Bodum UK office (but oddly got an reply from Bodum AG, go figure) who twice denied me an exchange or a replacement.

The was the first response:

Thank you for your email.
We are sorry to hear of the problem you have had and thank you for bringing it to our attention.

Your recourse is to the Retailer from where the item was purchased. It is likely that they will only deal with such matters if a proof of purchase is produced. Also they will only provide exchange or refund for products that are defective not those damaged in handling and use.
The purchaser should therefore take up the matter with the Retailer.

The Warranty for BODUM electrical products is for 2 years against material defects or malfunctions which can be traced back to defects in manufacturing or design. Warranty claims must be made to the merchant from where the purchase was made.



Best regards
BODUM AG


Except the retailer has gone bust and my friend did not pay on his credit card. In response I said:

The shop went bust and have shut down, so what now?

My interpretation of the Sale of Goods Act 1979 and The Consumer Protection Act indicates that the onus lies with you.


The latest response I had from them is incorrect I believe (as below):

Thank you for your further email.
We are sorry to read that you are not satisfied with our previous response to you. That response is however correct in all detail.
The legislation you have quoted describes rights and obligations between a purchaser and the merchant from where they make that purchase. As you have indicated that the purchase was made some years ago the Consumer Protection Act would not be relevant.
We have in exceptional circumstances undertaken certain Retailer obligations even where we were not the Retailer. In such circumstances we must be provided with a valid, dated proof of purchase and the product should be sent to us here in Denmark for inspection.

Best regards
BODUM AG


From what I understand, it is not a must for a 'valid, dated proof of purchase' and both Acts I quoted should cover this. Bodum AG are just being sly.

What can I do other than pursue this via Small Claims Tribunal?

Thanks!

Bodum are right.

Your interpretation of the Sale of Goods Act 1979 and The Consumer Protection Act (whatever that is) is wrong.

The Sale of Goods Act describes the rights the purchaser has with/against the seller.

Firstly, you are not the purchaser. your rights lie with whoever passed the thing to you.

Secondly, as the retailer no longer exists, the buyer's rights against that seller have disappeared too.

Sorry, but I cannot see that anyone owes you anything - not even your friend who gave you the machine, because he was not acting as a trader.

However, Bodum's last email does seem to imply that they are willing to offer something.
Can you get the receipt from your friend?
That is your only hope.

bris

It is a must for a valid proof of purchase, this doesn't need to be a receipt but can be a bank statement, CC statement would usually do but a proof of purchase of some form is needed.


Not that it makes any difference here anyway because they are in any case right, you have no claim against them.

wealdroam

bris wrote: »

It is a must for a valid proof of purchase, this doesn't need to be a receipt but can be a bank statement, CC statement would usually do but a proof of purchase of some form is needed.

Except in this case the purchase was made with cash.

daytona0

xiix wrote: »

What can I do other than pursue this via Small Claims Tribunal?

Thanks!

Forgive me for going off on a tangent, but I find it funny how your previous post in 2009 called it "Small Claims Court" and now it's a Tribunal! You been through some work tribunals recently?

I have to say, though, that I'm quite surprised how you've had two similar issues despite being so meticulous in the maintenance of said items! My non stick pans and coffee machines wouldn't get a fraction of the care, yet they'd still last! And if they don't you just lash them in the bin

As per your post, the manufacturer are correct. They have also offered a resolution BUT BEWARE; if you don't qualify under the warranty (or even the SOGA obligations which the manufacturer take on AS A GOODWILL GESTURE) then you will be getting the coffee machine back untouched! Given your pan issue in 2009 resulted in a "snotty" email and presumably a SOGA decline then I would be more inclined to assume that your best option is to just bin it! That being said, I reckon the solution to your issue may be the same as the solution to the pan issue in 2009. Think back and be inspired with the resolution from that!

mije1983

Rather than 'dodgy' or 'sly', they are actually going above and beyond what they have to do as they weren't the retailer. If they want you to provide proof of purchase then that is what you need to do.

Be aware though, that if they decide to offer a refund it can be partial to take into account your 2 years of usage. You will need to factor that in, especially if you have to pay to ship it to them in Denmark.

shaun_from_Africa

There are some battles worth fighting and others where it's not, and this is definitely the latter.
You are talking about an appliance that cost £80 two years ago, a purchase for which you have no consumer rights against either the retailer or the manufacturer.

There isn't a chance in hell that any court would find in your favour simply because you would be attempting to enforce rights that didn't exist in the first place.

xiix

daytona0 wrote: »

Forgive me for going off on a tangent, but I find it funny how your previous post in 2009 called it "Small Claims Court" and now it's a Tribunal! You been through some work tribunals recently?

I have to say, though, that I'm quite surprised how you've had two similar issues despite being so meticulous in the maintenance of said items! My non stick pans and coffee machines wouldn't get a fraction of the care, yet they'd still last! And if they don't you just lash them in the bin

As per your post, the manufacturer are correct. They have also offered a resolution BUT BEWARE; if you don't qualify under the warranty (or even the SOGA obligations which the manufacturer take on AS A GOODWILL GESTURE) then you will be getting the coffee machine back untouched! Given your pan issue in 2009 resulted in a "snotty" email and presumably a SOGA decline then I would be more inclined to assume that your best option is to just bin it! That being said, I reckon the solution to your issue may be the same as the solution to the pan issue in 2009. Think back and be inspired with the resolution from that!

hehe yes, a friend is going through one and it is horrendous! Looks like I am well and truly f**ked again