Faulty toaster

I purchased a Tefal toaster from Curry's in Feb 2021. Was originally £99.99, reduced to £39.99. I used it for approx 3 months when the left side (its a 4 slice toaster) sparked and 'popped whilst I was using both sides. Took it back to curry's who said I couldn't exchange it as it was over 30 days, but could be repaired.  It was returned to Tefal who say they have repaired it and tested it and returned to store. I have uses both sides of the toaster once since it was repaired and it appeared to malfunction in a similar way. I have tried to use both sides of the toaster this evening,  and the left side no longer functions. 
Do I have to accept a warranty repair, or can I ask curry's to exchange for an alternative? 
Apologies for long post!

Comments

  • powerful_Rogue
    powerful_Rogue Posts: 8,269 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    30 days - six months you must give the retailer one opportunity to repair or replace it before you can claim a refund

    As they have had one attempt to repair the toaster and the fault is still present, you can ask for a full refund.


  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Do I have to accept a warranty repair, or can I ask curry's to exchange for an alternative? 
    Apologies for long post!
    You can ask for whatever you want but the only thing you can demand is a refund
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They’ll likely refund or offer an alternative of similar value (the price you paid) 
  • Sounds like it will be best to reject it for a full refund and go with a new toaster:




    www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

    (1)The right to a price reduction is the right—

    (a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

    (b)to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.


    (5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

    (a)after one repair or one replacement, the goods do not conform to the contract;

    (b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

    (c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.


    (10)No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—

    (a)the goods consist of a motor vehicle, or

    (b)the goods are of a description specified by order made by the Secretary of State by statutory instrument.

    In the game of chess you can never let your adversary see your pieces
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