Smeg Graded Oven issue

Hello all.....
We purchased "Graded" smeg oven from an internet supplier last January unfortunantly its fan did not work upon delivery. 
Ok heres where it gets interesting it was sold to us with a full smeg 12 month warranty. I registered it with smeg as soon as it was delivered.
when we installed it the fan was making a knocking noise as well as the oven itermitantly not working
Smeg use Dolphin appliance care to carry out there repairs. dolphin visted and rectifyed the fan however  the main oven still intermitantly didnt work ,again they replaced a part then the thing started beebing and main oven again not working more dolphin visits and more parts all unsuccesfull this has lasted over 11 months.
We have contacted the supplier stating our consumer rights and requesting a full refund as it has been " un fit for purchase" from day one.
We have exchanged many emails with them where they state Smeg and Dolphin will not issue a " BIR" report ( beyond repair) so to this end Smeg have emailed us to organise yet another Dolphin repair visit. 
As yet we have not done so.
So our question is are we legally bound to have another visit from Dolphin, or bearing in mind the time scale and it never working from its delivery and losing all faith in Dolphin to repair it we should at this point use our small claims court ?

Please note
I believe The term graded appliance means the item has had some cosmetic damage ie small scratch or dent but is other wise fit for use with a full manufacturers warranty. Iam not sure if this complicates our issue? 
yours 
Ian   


Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper

    I believe The term graded appliance means the item has had some cosmetic damage ie small scratch or dent but is other wise fit for use with a full manufacturers warranty. Iam not sure if this complicates our issue? 

    You need to confirm the definition of “graded”… our preferred brand has 3 grades and the lowest one has over 50 hours of use. Obviously that should mean plenty more life but “over 50” could mean hundreds or thousands of hours. 

    Assuming it’s just cosmetic imperfections then after a failed repair you have the right to reject the goods. 
  • Lip_Stick
    Lip_Stick Posts: 2,415 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    My mother bought a Smeg oven. Worse oven she's ever owned. It was very poorly made.
    There's a storm coming, Mr Johnson. You and your friends better batten down the hatches, because when it hits, you're all gonna wonder how you ever thought you could live so large and leave so little for the rest of us.
  • Ergates
    Ergates Posts: 2,991 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You can't claim a refund if you were informed of the issue you're claiming for at the time of purchase.  However, this seems unlikely to be the case in this situation - I doubt they warned you of the numerous faults with the oven (otherwise you'd not have bought it and they wouldn't have sold it).  So, it being "graded" should affect your rights.
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