Delonghi coffee machine/Amazon warranty issue

kaggi

I bought a delonghi coffee machine from Amazon on 14th May 19 and it had to be replaced in December 19.  The replacement then broke 21st May this year (1 week after the warranty for the original machine expired) and Amazon directed me to delonghi who took the machine back to fix but it was away for 3 weeks.  It has broken again and despite delonghi telling me the last time if the same issue arose they’d replace it, I’m now being told they just have to keep trying to fix it but I should contact Amazon.  Amazon are saying it’s nothing to do with them as they are sticking to the warranty being from when I purchased the original machine. What can I do as keeping returning it isn’t okay? 

the_lunatic_is_in_my_head

Your consumer rights lie with Amazon as the retailer rather than Delonghi as the manufacturer.

It's unclear whether for the first two repairs you went straight to Delonghi or contacted Amazon first? 

If you went to Delonghi without contacting Amazon then the retailer can request you show the goods do not conform to the contract (by showing the fault hasn't be caused by user error, etc, typically with an independent report, the cost of which the retailer should cover if found in your favour) if they decide to refund this can be reduced to account for use (average lifespan minus time owned). 

If you did contact Amazon one of the first two times and they then directed you Delonghi then you may exercise your final right to reject as per the below. Again the refund may be reduced to account for ownership. 

The section on the final right to reject doesn't mention demonstrating the goods did not conform, I'm unsure whether this is because the retailer has already accepted that they did not or whether the Act is relying on a different section as a taken reference. 

Amazon's response that it's nothing to do with them is misleading you about your consumer rights but is par for the course from them on this kind of issue. 

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

Right to price reduction or final right to reject

(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.

kaggi

I did go to Amazon both times as I thought the responsibility lay with them.  I purchased the first machine on 16th May 19 and it was replaced in December 19.  When I contacted them on the 21st May this year (they confirmed the date when I spoke with them today) they said the warranty period was from when I got the first machine.  They are sticking to this now, and it seems really unfair they are doing this when machine no 2 went wrong 2 years and 4 days (can’t remember exact delivery date) after that.  

Thanks for your advice, I’ll go back to them again.  

cajef

The warranty does not renew every time they replace the machine otherwise you could want a new machine every time it broke down, Amazon are correct the warranty period only applies from the purchase date of the original machine which was May 2019.

Manxman_in_exile

You need to stop going on about the warranty - it's irrelevant now.  If the terms of the warranty say that it lasts for 24 months, then that is how long it lasts for.  And as cajef says, it doesn't renew each time delonghi replaced or repaired it.  So you are left with your statutory consumer rights against the retailer.  (I presume you did actually buy it from Amazon?).

You need to follow the advice given by the_lunatic_is_in_my_head, and try to get a refund out of Amazon (or whoever sold it to you).  I think that if you originally complained to Amazon and that they directed you to delonghi, then that should count as one attempt by Amazon to repair it - but be prepared for them to argue that they should still have an opportunity to repair it again.  You may have a bit of an uphill struggle with Amazon as they may not agree with you.  Even if they do agree to refund, they can - as previously mentioned - deduct from the refund an amount of money to reflect the two years of use you've had from the machine.  Good luck.  (I have no idea how long a coffee machine can reasonably be expected to last.  Maybe two years is pretty good?)

(I know I said the warranty is irrelevant, but you never said who the warranty is with.  Is it delonghi or is it Amazon?  If delonghi are content to keep fixing it for you - and you are happy with that - maybe you should do that?)

JJ_Egan

Whats the best Amazon will do   replace repair or refund less two years usage deduction.

Which Delonghi machine is it and what's the part that breaks ??

kaggi

Manxman_in_exile said:

(I know I said the warranty is irrelevant, but you never said who the warranty is with.  Is it delonghi or is it Amazon?  If delonghi are content to keep fixing it for you - and you are happy with that - maybe you should do that?)

I like good coffee so delonghi taking it away to fix and having it away for up to 3 weeks at a time doesn’t work for me.  If I didn’t care about good coffee that much I wouldn’t mind, but then again I also wouldn't have spent money on a bean to cup coffee maker.  

kaggi

JJ_Egan said:

Whats the best Amazon will do   replace repair or refund less two years usage deduction.

Which Delonghi machine is it and what's the part that breaks ??

It’s a cafe corso.  Originally it kept saying it needed cleaning even when it had just been cleaned,  now it’s the infuser that is broken, it’s not taking the beans even when the hopper is full, it’s making a noise like it’s empty. 

Aylesbury_Duck

kaggi said:

Manxman_in_exile said:

(I know I said the warranty is irrelevant, but you never said who the warranty is with.  Is it delonghi or is it Amazon?  If delonghi are content to keep fixing it for you - and you are happy with that - maybe you should do that?)

I like good coffee so delonghi taking it away to fix and having it away for up to 3 weeks at a time doesn’t work for me.  If I didn’t care about good coffee that much I wouldn’t mind, but then again I also wouldn't have spent money on a bean to cup coffee maker.  

It looks like you have a choice, each of which would leave you without a working machine for a while anyway.  Allow delonghi to keep fixing it (if they will), or exercise your consumer rights with Amazon, who would be entitled to ask you to have it inspected to show the problem is an inherent one, and assuming it is, then they would be able to choose between replacing, repairing or refunding, taking into account the time you've already had it.

As others have said, the warranty clock doesn't reset when the machine is replaced or repaired.