Faulty KitchenAid mixer - they won't exhange

sophy1988

I'm looking for some advice - my KitchenAid mixer is faulty and I returned it to them to fix - they sent it back without fixing it and damaged it in the process. I have more than enough evidence to prove this and they have conceded that it was not my fault.

I have asked for an exchange as I kept it in pristine condition and they are only offering to repair it which I'm not satisfied with given that they didn't fix the initial problem and the extent of the damage.

I have tried to raise a formal complaint with them but they kept dodging until eventually stating I had to send a letter in the post to raise a complaint which doesn't seem right to me. What can I do?

Brief summary:
Bought KitchenAid stand mixer via Lakeland website last March,
Paid with credit card,
Returned to get fault fixed,
They didn't fix and damaged it further,
Asking for an exchange which they're refusing,
Won't allow me to raise formal complaints via email or phone - is this allowed?

Thanks in advance for any advice you're able to offer.

lisyloo

I believe they have the right to repair rather than replace.
yes it’s frustrating that they’ve bodged it once.

have you spoken to Lakeland about it?

p00hsticks

When you say returned it to 'them' are you referring to Lakeland or KitchenAid ?

Sandtree

They didnt fix it as in they attempted to fix it but the fix didnt work or they said it wasnt a fault or that it wasnt covered by the warranty or...

Your statutory rights are with the retailer Lakeland rather than the manufacturer... did you raise the matter with Lakeland initially or go direct to the manufacturer off your own initiative? 

You have no statutory rights with the manufacturer, and given Kitchenaid is an american company I assume you have really sent it back to the UK distributor which is another part of the Whirlpool corporation. As such your rights with them are only as far as whatever the stated warranty is.

As to "formal complaints"... other than for certain regulated industries there is no rules around complaints, formal or otherwise. Only if your warranty had terms around complaints would they be bound by anything. 

maisie_cat

I've always found both Lakeland & KA to be very good with repairs, what was the nature of the fault?
Have they asked you to return for another attempt at repair?
If they have accepted that it is faulty and have attempted one repair you can ask for a partial refund with a deduction for usage. If they have returned it because they think you caused the fault you may need to prove a fault rather than damage in use.

pinkshoes

Who is "they" that repaired it?

When did you purchase it?

sophy1988

Sandtree said:

They didnt fix it as in they attempted to fix it but the fix didnt work or they said it wasnt a fault or that it wasnt covered by the warranty or...

Your statutory rights are with the retailer Lakeland rather than the manufacturer... did you raise the matter with Lakeland initially or go direct to the manufacturer off your own initiative? 

You have no statutory rights with the manufacturer, and given Kitchenaid is an american company I assume you have really sent it back to the UK distributor which is another part of the Whirlpool corporation. As such your rights with them are only as far as whatever the stated warranty is.

As to "formal complaints"... other than for certain regulated industries there is no rules around complaints, formal or otherwise. Only if your warranty had terms around complaints would they be bound by anything. 

KitchenAid UK claimed there was no fault but as I had video evidence of it has conceded there is in fact a fault.

The fault is with the speed so would be covered.

sophy1988

pinkshoes said:

Who is "they" that repaired it?

When did you purchase it?

Apologies that wasn't clear, KitchenAid UK is the "they"

I did pop it in my initial post that it was purchased last March

sophy1988

maisie_cat said:

I've always found both Lakeland & KA to be very good with repairs, what was the nature of the fault?
Have they asked you to return for another attempt at repair?
If they have accepted that it is faulty and have attempted one repair you can ask for a partial refund with a deduction for usage. If they have returned it because they think you caused the fault you may need to prove a fault rather than damage in use.

I have been in touch with Lakeland noe, which in hindsight I should have done initially.

Sadly, given my experience of being spoken to rudely and ignored multiple times as well as they're initial refusal to acknowledge the fault and their lack of communication re pick up and delivery I cannot say anything good about KA at this point.

They now accept that there is a fault, they acknowledge neither that nor the damage is my fault. It is so new and barely used, in pristine condition until they damaged it and I have video evidence of the fault occuring so I don't think they'd even attempt to argue user fault.

A partial refund would hardly be fair, it is less than one year old and I wouldn't be able to purchase a replacement with a partial refund hence why I'm asking for an exchange as this seems the only fair resolution. 

lisyloo

No - letting them repair it now you’ve fully explained and agreed the fault would be reasonable.
you are not in a position to Make demands if they are offering to repair.

i don’t think you have a leg to stand on if they are offering to fix it and refusing to let them do so is unreasonable.

Is there a reason it’s hard for you to let them repair it? 

If if they and failed to fix it multiple times I’d be more sympathetic, but not giving them a second chance appears petulant.

Sandtree

sophy1988 said:

maisie_cat said:

I've always found both Lakeland & KA to be very good with repairs, what was the nature of the fault?
Have they asked you to return for another attempt at repair?
If they have accepted that it is faulty and have attempted one repair you can ask for a partial refund with a deduction for usage. If they have returned it because they think you caused the fault you may need to prove a fault rather than damage in use.

I have been in touch with Lakeland noe, which in hindsight I should have done initially.

Sadly, given my experience of being spoken to rudely and ignored multiple times as well as they're initial refusal to acknowledge the fault and their lack of communication re pick up and delivery I cannot say anything good about KA at this point.

They now accept that there is a fault, they acknowledge neither that nor the damage is my fault. It is so new and barely used, in pristine condition until they damaged it and I have video evidence of the fault occuring so I don't think they'd even attempt to argue user fault.

A partial refund would hardly be fair, it is less than one year old and I wouldn't be able to purchase a replacement with a partial refund hence why I'm asking for an exchange as this seems the only fair resolution. 

There are no circumstances where you have a statutory right to demand a replacement.

All your statutory rights are with the retailer not the manufacturer/uk distributor, you can express a preference to them on repair -v- replace -v- refund but they are not obliged to follow it if there is a material cost difference to them.  Once the retailer fails to repair it once you then have the right to demand a refund but after 6 months that refund can be reduced to reflect use.

As the item is over 6 months old it is your responsibility to show an inherent fault to the retailer, obviously your case isnt going to be helped by the fact the manufacture is saying there is no problem with the device.