Out of Warranty

baz995

Apologies as I'm sure this kind of issue may have been asked numerous times but I'm just seeking some guidance. We broke out the patio heater at the end of March for the first time in quite a while to discover it no longer works correctly, the radiated heat from the head is approx 12" at best. I checked everything as far as I could before emailing Wayfair to ask for advice. I emailed them on the 4 Apr and had a reply on the 5 Apr apologising that the original description was incorrect and instead of the advertised 3m heat radius it should have said 40cm. They offered a discount refund of 15% or collection for a full refund. 

I explained that I was really only after a repair or some advice on how to repair it and subsequently after being passed around a few of their employees I was told that as the item went out of warranty on the 2 Apr they cannot help. I asked again ref a repair and apologised for bringing it to their attention two days out of warranty but we've only used it for the first time this year. The next reply said that they had credited my account with the 15% and there was nothing further they could do. 

I've replied to ask for help as the 15%, whilst a kind offer, was not what I wanted and won't help me fix it. I've asked them directly if me getting in touch two days or of warranty was the sticking point and I've been told that's as it's out of warranty there is nothing further they can do. 

Would anyone be so kind as to offer any guidance if I have any recourse?

peter_the_piper

If they are still offering the refund and collection I would go for that and get elsewhere.

the_lunatic_is_in_my_head

As above, if still on offer take the refund as it's more than they are obligated to do, then buy another one  

baz995

Thanks for the replies, they have refunded £24 which sadly doesn't cover anything. No collection or repair now being offered a they have said their initial reply was incorrect, as it's part warranty there is nothing more they will do. If the initial listing said the heat radius was 3m but this is incorrect, is there anything in the sales of goods act I can research. 

Aylesbury_Duck

The warranty is a red herring.  The product was misdescribed, they've acknowledged that and therefore you have a right to exercise your consumer rights.  Tell them you're not claiming through the warranty but wish to have a remedy using your consumer rights.  They will have to reverse the 15% refund and then offer you a repair, a replacement or a refund.

unholyangel

baz995 said:

Thanks for the replies, they have refunded £24 which sadly doesn't cover anything. No collection or repair now being offered a they have said their initial reply was incorrect, as it's part warranty there is nothing more they will do. If the initial listing said the heat radius was 3m but this is incorrect, is there anything in the sales of goods act I can research. 

Consumer Rights Act - goods must match their description. It replaced the Sale of Goods Act for remedies in consumer contracts a few years ago. 

However, I would highlight that it still can't force them to repair and a partial refund may be the alternative. After 6 months from purchase, the retailer can reduce the refund to take account of use you had of the item. You don't state when it was purchased but i'm thinking it's likely been at least a year given you're out of warranty and they're typically 1 year minimum (not always but typically). 

sheramber

discover it no longer works correctly, 

So did it work correctly last year? If it did, then surely it was correctly advertised.