Tumble Dryer Not Working first Use

Hi.
Recently bought a NEW Electra Tumble Dryer from AO via Amazon. Plugged in on first use and water was coming out the appliance rather than going into the condenser. 
Eventually got through to AO and Electra, to be told they'll send an engineer out to repair/replace, which would be 10 days time. On this info I said forget it, take it back and I'll have my money back. They've told me I cant as it's now been used!  
I don't want a new unit that already is faulty I told them, but to no avail.
Can someone please advise me of my rights and what I need to tell them to get the item returned and refunded. Some consumer rights quotes would really hope. (As long as I'm correct that I can return?)
Thank you 

Comments

  • lincroft1710
    lincroft1710 Posts: 18,621 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If your purchase (or date item delivered) was within 30 days of you discovering the fault then the retailer is obliged to refund you if the product is faulty. Consumer Rights Act 2015. Between 30 days and 6 months, the retailer has the option to refund, repair or replace, but they are only allowed one opportunity to repair
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • You have the right to reject the goods outright for a full refund if they do not conform to the contract. AO may request you demonstrate that the goods do not conform but will liable for the costs of this (if it confirms you are correct). 

    www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

    (3)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);


    You have 30 days to do this:


    (3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

    (a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

    (b)the goods have been delivered, and

    (c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.


    I'd refuse their option of a repair, Google CEO email, search that site for AO and fire off a to the point email expressing your disappointment about being mislead by customer services by them advising you must accept a repair and that you would like to reject. 



    In the game of chess you can never let your adversary see your pieces
  • You do have the right to reject it for a full refund but before doing this, the retailer does have the right to ask you to prove that a fault exists and that this fault is not due to something that you have done.
    IMO, the easiest way to do this is to wait for the engineer to call and inspect the appliance and if they say that it is faulty, don't allow them to carry out a repair then contact AO again and inform them that you are rejecting the unit in accordance with your rights under S19 and S22 of the Consumer rights act.
    This guide explains it:
    https://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights#your-statutory-rights-when-returning-goods

    Your 30 day right to return

    You have the legal right to a refund if you return your faulty good within 30 days of receiving it, regardless of what the store's return policy says. 


    Your consumer returns rights after 30 days

    If you don't reject the goods within the first 30 days, and find a fault within the first six months of possessing your faulty goods, you'll need to give the retailer a chance to make a repair or replacement. If that's unsuccessful, you can then ask for a refund.


  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,035 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 16 November 2020 at 8:56PM
    You do have the right to reject it for a full refund but before doing this, the retailer does have the right to ask you to prove that a fault exists and that this fault is not due to something that you have done.
    IMO, the easiest way to do this is to wait for the engineer to call and inspect the appliance and if they say that it is faulty, don't allow them to carry out a repair then contact AO again and inform them that you are rejecting the unit in accordance with your rights under S19 and S22 of the Consumer rights act.
    This guide explains it:
    https://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights#your-statutory-rights-when-returning-goods

    Your 30 day right to return

    You have the legal right to a refund if you return your faulty good within 30 days of receiving it, regardless of what the store's return policy says. 


    Your consumer returns rights after 30 days

    If you don't reject the goods within the first 30 days, and find a fault within the first six months of possessing your faulty goods, you'll need to give the retailer a chance to make a repair or replacement. If that's unsuccessful, you can then ask for a refund.


    By allowing this to occur is the OP accepting a repair?

    There is a waiting period giving the opportunity to reject after accepting a repair but I don't understand this bit in bold:

    (8)The waiting period—

    (a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

    (b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.


    If OP is factual and says I'd like the free 
    engineer to come to show a fault but I won't accept a repair I don't know whether AO or Electra would agree. (Great for the OP if they do.)
    In the game of chess you can never let your adversary see your pieces
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