Is the onus on the retailer or manufacturer?

Chel2

Hi

I purchased a Zanussi fan oven online from a well-known retailer in November. It's now developed a fault. The product is covered by a one year manufacturer's warranty. The retailer keeps passing me through to the manufacturer to resolve. In turn they have cut me off several times before I can get through to someone on the phone. Who should I be dealing with to get this issue resolved? I tried telling the retailer it was down to them, they refused.
Thanks 

clive0510

in retail initially you are responsible for what you sell. the manufacturers warranty I believe has to be offered by law. not 100% certain though. I assume you have a copy of the original paperwork, including terms of the warranty. so if you read that and do as it says, then presumably you can't go wrong. if all else fails its the citizens advice bueraeu. they have a website you can visit, which is probably better than going there in person.

JJ_Egan

Consumer Rights  the law is against the retailer.

Warranty not required by any law and is an extra from the manufacturer and subject to any terms .

Most retailers will initially say contact the manufacturer as it may be quicker and a simple fix.but your CR are against the retailer and as its under 6 months especially down to them .

Contact the well know  ( sounds like curries)  and claim under your Consumer Rights ,

CAB will do no more than tell you the facts as above .

neilmcl

A manufacturer's warranty is in addition to your statutory consumer rights, which are with the retailer. Despite what was posted there are no laws to force manufacturer's to offer a warranty of any kind and they are only bound (as are you) by the T&Cs held within it.

Having said that it's quite often quicker to deal with the manufacturer in the first instance as they tend to have everything in place to diagnose and remedy the fault.

What remedy are your wanting that you specifically want the retailer to deal with?

Twong72

Just to add I would keep a diary or screen shot your mobile phone showing proof you attempted to contact the manufacturer and they failed to contact you of cut you off, also try emailing them and if not send a recorded delivery letter as last chance to manufacturer.

It sounds to me there working from home or closed due to covid/restrictions perhaps but its not your fault they should be available to some degree.

What you can do is after few weeks take this proof and go back to the retailer saying they failed to repair it (usually its 28 days within first year to offer a repair) and let your retailer know its gone over 28 days, hopefully they just write it off or refund it.
Since you have not done anything wrong and gone through the proper manufacturer attempt to get it repaired and its failed so its now retailers job to refund/exchange it especially if its gone over 28 days or 4 weeks time frame to get it sorted.

George_Michael

Twong72 said:

What you can do is after few weeks take this proof and go back to the retailer saying they failed to repair it (usually its 28 days within first year to offer a repair) and let your retailer know its gone over 28 days, hopefully they just write it off or refund it.

There is no set time in any consumer legislation regarding how long a retailer has to carry out a repair.
All that the CRA says is that it must be done in a "reasonable time".
Given the current pandemic situation, what is a reasonable time? That would be up to a judge to decide.

Ectophile

If you bought online, then did you pay by debit or credit card?

If it was a debit card, you can talk to your bank about their chargeback scheme.  If it was a credit card, and over £100, then you also have additional rights under Section 75 of the Consumer Credit Act, which makes the card company jointly liable if the goods don't work.  So you could claim a refund from them.

George_Michael

Ectophile said:

If you bought online, then did you pay by debit or credit card?

If it was a debit card, you can talk to your bank about their chargeback scheme.  If it was a credit card, and over £100, then you also have additional rights under Section 75 of the Consumer Credit Act, which makes the card company jointly liable if the goods don't work.  So you could claim a refund from them.

They could attempt to claim a remedy but this doesn't have to be a refund.
If S75 does apply then the credit supplier might prefer to go down the repair route, something that they are perfectly entitled to do.

sheramber

Chel2 said:

Hi

I purchased a Zanussi fan oven online from a well-known retailer in November. It's now developed a fault. The product is covered by a one year manufacturer's warranty. The retailer keeps passing me through to the manufacturer to resolve. In turn they have cut me off several times before I can get through to someone on the phone. Who should I be dealing with to get this issue resolved? I tried telling the retailer it was down to them, they refused.
Thanks 

have you tried the online booking?
https://www.zanussi.co.uk/support/book-a-repair/

Chel2

Thanks everyone. Some really useful suggestions. Thanks for the online booking link too

Jumblebumble

clive0510 said:

in retail initially you are responsible for what you sell. the manufacturers warranty I believe has to be offered by law. not 100% certain though. I assume you have a copy of the original paperwork, including terms of the warranty. so if you read that and do as it says, then presumably you can't go wrong. if all else fails its the citizens advice bueraeu. they have a website you can visit, which is probably better than going there in person.

How is one supposed to enforce a warranty against a manufacturer when one is not their customer and does not have any contract with them ?