Rights to a replacement

LookingForHelp4Me

I bought a strimmer online (Amazon Marketplace) less than 30 days ago. It worked well the first time I used it but the second time the cutting head jammed and the head looks like it has come loose from the mounting causing the jam. I am wanting a replacement under my consumer rights but the shop are saying that they do not have another strimmer and I can have a refund instead. Can I insist on a replacement?

Fosterdog

LookingForHelp4Me wrote: »

I bought a strimmer online (Amazon Marketplace) less than 30 days ago. It worked well the first time I used it but the second time the cutting head jammed and the head looks like it has come loose from the mounting causing the jam. I am wanting a replacement under my consumer rights but the shop are saying that they do not have another strimmer and I can have a refund instead. Can I insist on a replacement?

And how exactly do you expect them to give you a replacement that they do not have? Accept the refund and move on, you cannot force them to give a replacement even if they had one.

LookingForHelp4Me

Presumably they can get more stock, but they might just be trying to put me off, I do not know what they have.
Maybe I should also have mentioned that they said that I could get a repair by claiming on the manufacturers warranty. This is not correct as any repair is through the place you bought the product. So they have already mislead me once.

powerful_Rogue

LookingForHelp4Me wrote: »

Presumably they can get more stock, but they might just be trying to put me off, I do not know what they have.
Maybe I should also have mentioned that they said that I could get a repair by claiming on the manufacturers warranty. This is not correct as any repair is through the place you bought the product. So they have already mislead me once.

They haven't misled you.

They can repair, replace or refund. The choice is theirs and in this instance they have chosen to refund you. They have pointed out that if YOU want a repair, then you will have to claim this under the manufacturers warranty.

neilmcl

LookingForHelp4Me wrote: »

Presumably they can get more stock, but they might just be trying to put me off, I do not know what they have.
Maybe I should also have mentioned that they said that I could get a repair by claiming on the manufacturers warranty. This is not correct as any repair is through the place you bought the product. So they have already mislead me once.

At this time of year I doubt they'll be getting more stock of strimmers. You have no rights to insist on a replacement, just take the refund.

LookingForHelp4Me

They have misled me - that are saying to go to the manufacturer for a repair.

From Which: "Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, so you must take any claim to the retailer. "

Also consumer rights gives the choice to the consumer not the retailer. My choice is for a replacement.

Shaka_Zulu

LookingForHelp4Me wrote: »

Also consumer rights gives the choice to the consumer not the retailer. My choice is for a replacement.

And they have said they don't have any stock. So either take the refund or talk to the manufacturer they may replace instead of repairing.

spadoosh

LookingForHelp4Me wrote: »

They have misled me - that are saying to go to the manufacturer for a repair.

From Which: "Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, so you must take any claim to the retailer. "

Also consumer rights gives the choice to the consumer not the retailer. My choice is for a replacement.

To be fair i'd much rather take the product to the manufacture who would probably have someone who makes them look at it. As opposed to a shop where they will get the brew boy to look at it.

So you can take the product to the retailer, they will send the product to the manufacturer, who will then repair the product and then send the product to the retailer with their bill who will then contact you to collect. Thats good.

Or you could send the product to the manufacture, they repair it and give it you back. The manufacture posts a bill to the retailer.

Which do you think will get the product back in your hands quicker?

No, consumer rights doesnt give the choice to the consumer, it gives them to the retailer. The retailer has to provide one of the 3 options, which option, completely up to them. They have a right to choose the most suitable for them. You either need to be returned to your orignal position (no product and refund) or offered the product (Repair or replacement).

BoGoF

Why would you want the same model that just broke on you anyway?

martinsurrey

LookingForHelp4Me wrote: »

Also consumer rights gives the choice to the consumer not the retailer. My choice is for a replacement.

actually you are right and wrong on that

The retailer can reject a repair or replace request if the cost of doing so is disproportionate.

If they have no stock, the cost of getting more could be disproportionate compared to a refund

see

CRA 2015

section 24 (5)

A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

powerful_Rogue

LookingForHelp4Me wrote: »

They have misled me - that are saying to go to the manufacturer for a repair.

From Which: "Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, so you must take any claim to the retailer. "

Also consumer rights gives the choice to the consumer not the retailer. My choice is for a replacement.

I hope you're asking here first and haven't gone off demanding and spouting about your incorrect rights first.

From what you have posted, the company is complying with the Consumer Rights Act. This has been explained in the many posts above.

Your options are to accept a refund, or send the item to the manufacturer for a repair.