rights on having to accept a faulty item.

hioneday

Bought an expensive sewing machine on line from a company, I had it a week and only sewed two layers of fabric together when It gave me an error message and refused to work. I returned it to the company saying I wasnt happy, did not want this machine back and requested a refund. They have just come back with their inspectors report saying there is nothing wrong with the machine and are returning it to me. Do I have to accept this, I do not have the confidence in this machine but the company say I can return it to them for repair under the warranty at any time in the first two years. My instinct is to refuse delivery by DPD and get the machine returned to sender. Am I within my rights to do this please.

Sandtree

Yes, same as you can give it to a charity shop, friend or anyone else if you don't want it but refusing delivery doesn't in itself trigger a right for refund.

the_lunatic_is_in_my_head

OP there are two avenues but both result in the same thing. 


Within 30 days you can reject the goods outright for a full refund but the retailer can request you demonstrate that the goods didn't conform to the contract. 


Alternatively you may accept a repair, replacement or refund and within the first 6 months it is taken that the goods do not conform, unless it is established that the goods did conform to the contract. 


The retailer is stating that the goods have been inspected and do conform so you would have to demonstrate otherwise. You'd have to look at what the error code was and what caused it. Does the instruction manual not detail any error codes? 

Ultimately you'd be looking at your own inspection and if found in your favour you could then reject for a full refund plus the cost of any inspection. 


If the company wouldn't accept this you'd be looking at small claims and the court would decide based on the reports. 

hioneday

Thank you for the info, bit disappointed really but it seems that it is me that has to supply the evidence. I cannot do that as the company has the machine at the moment and is saying there is nothing wrong. The machine stopped working, ie as if the power shut off although the screen was still live, the error was E4 and it stated in the manual that this error was to do with the control circuit and I had to consult my supplier. How do I prove something like that and can I really rely on the inspectors truthfulness.

Andy_L

hioneday said:

Thank you for the info, bit disappointed really but it seems that it is me that has to supply the evidence. I cannot do that as the company has the machine at the moment and is saying there is nothing wrong. The machine stopped working, ie as if the power shut off although the screen was still live, the error was E4 and it stated in the manual that this error was to do with the control circuit and I had to consult my supplier. How do I prove something like that and can I really rely on the inspectors truthfulness.

Take a photo of the screen.
Did the fault clear after turning it off & on? If it did, it reoccur or was it a one off?

Undervalued

hioneday said:

Thank you for the info, bit disappointed really but it seems that it is me that has to supply the evidence. I cannot do that as the company has the machine at the moment and is saying there is nothing wrong. The machine stopped working, ie as if the power shut off although the screen was still live, the error was E4 and it stated in the manual that this error was to do with the control circuit and I had to consult my supplier. How do I prove something like that and can I really rely on the inspectors truthfulness.

Quite often electronic devices store any error codes in a way that can be read by the manufacturer or an official service agent. I have no idea whether this particular device does.

Intermittent faults can be the worst of all. It is possible there is a fault but it genuinely didn't present itself when they inspected it.

Your legal rights have been clearly set out above (in the third post). You could have the machine examined by an expert, initially at your expense. If they can find evidence of a fault then you can insist on a refund plus the cost of the inspection. However if they can't you are out of pocket.

Personally, assuming this is a normally reputable supplier, I would accept the machine back and give it a good "work out" as soon as possible. Should and errors crop up then photograph them as evidence and promptly contact the supplier.