Refund, Replacement or repair - Consumer Rights Act 2015

XDA

What did you buy: Large Kitchen Appliance
When did you buy it? January 2016
Where from? Online Retailer
How did you pay? Debit card
What went wrong? Various serious faults after 22 months and appliance now unusable.
What are the vendors telling you? Partial refund (taking into account 20 months usage)
What solution or remedy are you looking for? Replacement


(Keeping things vague as in discussion with retailer)


As per above, kitchen appliance has failed after 22 months so I contacted retailer and have quoted the relevant sections of the Consumer Rights Act 2015.


Retailer has accepted my claim and is offering a partial refund with a 22 months usage deduction which I understand they are entitled to do. However, this leaves me about £130 out of pocket to purchase a replacement appliance of similar spec.


Retailer has said that their policy doesn't allow for a replacement as the model of the faulty appliance I have is no longer sold by them.


Doesn't section 23 of Consumer Rights Act 2015 entitle me to a replacement appliance? I'd be happy with a replacement appliance from the same manufacturer to the same value I paid originally.


Where do I stand with a replacement appliance?

Lomast

Afraid not ultimately the retailer gets to choose the remedy as they cannot be forced to supply a replacement if they don't have one, you may be able to negotiate if you feel the deduction is too much for 22 months but that is about all

maisie_cat

Out of interest, how many years did they assume the appliance would last? I think 6 is used normally for household items.
You have had nearly 2 years use, and a replacement would, assuming that it lasts the expected lifetime, give you 20 months more than you would have had.
The consumers rights legislation is not designed to give consumers betterment

XDA

Lomast wrote: »

Afraid not ultimately the retailer gets to choose the remedy as they cannot be forced to supply a replacement if they don't have one, you may be able to negotiate if you feel the deduction is too much for 22 months but that is about all

Are they not required to supply a like-for-like replacement to the value and spec I purchased Jan 2016?


Where does it say retailer can choose the remedy?


Sec 23: Right to repair or replacement
(1)
This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).


and


Sec 19
If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)
the short-term right to reject (sections 20 and 22);

(b)
the right to repair or replacement (section 23); and

(c)
the right to a price reduction or the final right to reject (sections 20 and 24).


Retailer has accepted rejection of goods under Sec 9 Goods to be of satisfactory quality and Sec 10 Goods to be fit for particular purpose.

XDA

maisie_cat wrote: »

Out of interest, how many years did they assume the appliance would last? I think 6 is used normally for household items.
You have had nearly 2 years use, and a replacement would, assuming that it lasts the expected lifetime, give you 20 months more than you would have had.
The consumers rights legislation is not designed to give consumers betterment

I wasn't given a figure on how long it should last but I agree 6 years to be fair. They just excepted my rejection under Sec 9 Goods to be of satisfactory quality and 10 Goods to be fit for particular purpose.


I know a replacement would give me a betterment but it's not my fault the appliance has failed very seriously after just 22 months? On the other hand, after only 22 months I'm going to be £130 out of pocket through no fault of my own.

Greta_Sharbo

XDA wrote: »

Are they not required to supply a like-for-like replacement to the value and spec I purchased Jan 2016?


Where does it say retailer can choose the remedy?
.

Trader is not required to provide a replacement if it's
A) impossible
disproportionate

Keep reading section 23 - it's there somewhere in that

LilElvis

Look on the positive side - you've had nearly two years of use for £130. Unless you tell us how much you paid and what type of appliance it is then no one can tell you whether their offer is reasonable. You could possibly negotiate a bigger payment of you offer to purchase the replacement from them rather than taking the cash and purchasing elsewhere.

Fosterdog

If you have used your right to reject then you have used your right to terminate the contract altogether, this means a refund not a replacement or repair (as either of those options would continue your existing contract). And as it is more than six months since purchase the refund can be reduced to allow for the use you have had. You may have jumped the gun a bit on your formal rejection if you really wanted a replacement. Now the retailer has accepted your rejection you cannot backtrack and decide you actually want to continue the contract but with a replacement.

XDA

LilElvis wrote: »

Look on the positive side - you've had nearly two years of use for £130. Unless you tell us how much you paid and what type of appliance it is then no one can tell you whether their offer is reasonable. You could possibly negotiate a bigger payment of you offer to purchase the replacement from them rather than taking the cash and purchasing elsewhere.

It was a dishwasher purchased for £290 and I have been offered a £155 voucher to use with the same retailer.

XDA

Fosterdog wrote: »

If you have used your right to reject then you have used your right to terminate the contract altogether, this means a refund not a replacement or repair (as either of those options would continue your existing contract). And as it is more than six months since purchase the refund can be reduced to allow for the use you have had. You may have jumped the gun a bit on your formal rejection if you really wanted a replacement. Now the retailer has accepted your rejection you cannot backtrack and decide you actually want to continue the contract but with a replacement.

I wanted a refund to buy another appliance from elsewhere.

However I've been offered a partial refund (I don't have an issue with it being a partial refund) but having received the offer, I'm going to be unable to afford a replacement with the amount refunded AND I have to purchase from this retailer.

Fosterdog

XDA wrote: »

I wanted a refund to buy another appliance from elsewhere.

However I've been offered a partial refund (I don't have an issue with it being a partial refund) but having received the offer, I'm going to be unable to afford a replacement with the amount refunded AND I have to purchase from this retailer.

They cannot force you to accept store credit, you are entitled to a cash refund, however a lot of retailers do give a higher value as credit than they would for cash. I guess it’s lucky it’s only a dishwasher so you just have the minor inconvenience of hand washing until you can get a new one sorted. Imagine if it was a washing machine or oven.