Toolstation warranty question

BigYinUK

Hi.  I bought a smart thermostat from Toolstation and when I got home and tried to install it, it became evident that someone else had already used it as it was attached to another person's account, which caused great difficulties for me - the box had been opened when I bought it and I mentioned this to the staff at the counter but they assumed it was because someone had just opened the box.  There was also screw marks on one of the mounting plates.

I went back to the store and requested a partial refund as I really didn't fancy uninstalling it all and unhooking it from my app/account etc.  They said they couldn't do this and I should ring their customer services.

Toolstation CS offered me a 10 percent discount BUT and this is the point of this post, they said it would invalidate my warranty.

Apart from the fact that this seems pretty shabby, is it legal?  I thought warranty was enshrined in UK consumer law?

powerful_Rogue

BigYinUK said:

Hi.  I bought a smart thermostat from Toolstation and when I got home and tried to install it, it became evident that someone else had already used it as it was attached to another person's account, which caused great difficulties for me - the box had been opened when I bought it and I mentioned this to the staff at the counter but they assumed it was because someone had just opened the box.  There was also screw marks on one of the mounting plates.

I went back to the store and requested a partial refund as I really didn't fancy uninstalling it all and unhooking it from my app/account etc.  They said they couldn't do this and I should ring their customer services.

Toolstation CS offered me a 10 percent discount BUT and this is the point of this post, they said it would invalidate my warranty.

Apart from the fact that this seems pretty shabby, is it legal?  I thought warranty was enshrined in UK consumer law?

Absoutely legal. Consumer rights are enshrined in law, not company warranties.

Manxman_in_exile

BigYinUK said:

...  I thought warranty was enshrined in UK consumer law?

No.  A "warranty" is something entirely outside consumer law and usually gives you greater rights as a consumer than the law does.

Whether it's worth accepting the discount if it invalidates the warranty depends on what additional rights the warranty gives you over and above UK consumer law.  It might be a good deal or it might not...

the_lunatic_is_in_my_head

The question is does the terms of the warranty say the customer being given a part refund will invalidate it?

If it does then it does, if it doesn't then it doesn't. A warranty may be in addition to consumer rights but the terms still need to be abided by. 

Really the correct thing to have done would have been to take it back and ask for a refund or replacement before installing, Toolstation tend to be good and it's doubtful they'd argue about this. 

BigYinUK

the_lunatic_is_in_my_head said:

Really the correct thing to have done would have been to take it back and ask for a refund or replacement before installing, Toolstation tend to be good and it's doubtful they'd argue about this. 

That would normally be the case, but I didn't find out that it was "used" until the end of the install, as I'd fixed up all the devices first physically, THEN started the software install / setup procedure - Which then failed as it had been already connected to another account (so said support).  Only then did I start to become suspicious.  My suspicions were confirmed when I looked again in the receiver box at the mounting plate (which I'd not had to use as I already had one in place as they're standard) - and saw that there were indentations in the mounting holes.

I've a mind to take the whole install out and get a full refund/replacement just to make the point BUT its a lot of work and my time.

Manxman_in_exile

the_lunatic_is_in_my_head said:

The question is does the terms of the warranty say the customer being given a part refund will invalidate it?

If it does then it does, if it doesn't then it doesn't. A warranty may be in addition to consumer rights but the terms still need to be abided by...

I suspect Toolstation aren't saying that a partial refund will invalidate the warranty.  I suspect they're saying that it'll be invalidated because somebody else has previously installed it.

I presume the options given to the OP are either (a) we'll give you a dsicount of 10% but the warranty will be invalidated, or (b) give it back and you'll get a full refund.

It's up to the OP which he thinks is the better deal...

BigYinUK

Manxman_in_exile said:

I suspect Toolstation aren't saying that a partial refund will invalidate the warranty.  I suspect they're saying that it'll be invalidated because somebody else has previously installed it.

I presume the options given to the OP are either (a) we'll give you a dsicount of 10% but the warranty will be invalidated, or (b) give it back and you'll get a full refund.

It's up to the OP which he thinks is the better deal...

No, that's exactly what they ARE saying, that the 10% discount will invalidate their warranty.

The options were: 

(1) 10% discount (invalidates warranty)
(2) Refund
(3) Replacement

Trouble is the work and hassle involved in ripping it all out, deconfiguring the various devices from my account and putting in another system again from scratch, fuel/time driving to the nearest shop etc.

Its really infuriating as I'd have been quite happy with a 10% refund.

Manxman_in_exile

BigYinUK said:

Manxman_in_exile said:

I suspect Toolstation aren't saying that a partial refund will invalidate the warranty.  I suspect they're saying that it'll be invalidated because somebody else has previously installed it.

I presume the options given to the OP are either (a) we'll give you a dsicount of 10% but the warranty will be invalidated, or (b) give it back and you'll get a full refund.

It's up to the OP which he thinks is the better deal...

No, that's exactly what they ARE saying, that the 10% discount will invalidate their warranty...

Well then, as @the_lunatic_is_in_my_head has already said, do the terms of the warranty allow* them to say that?

If they do, then it's up to you how you weigh up a 10% discount versus the warranty versus the hassle of removing the thermostat.


*Unless the warranty expressly says it only applies to items where you've paid the full non-discounted price, I'd still be a bit surprised if it did.  I'd have thought it far more likely that as far as TS are concerned the warranty has been invalidated because somebody other than you has previously installed it.  But whichever it is, it's irrelevant if the warranty is invalidated.