Can I expect a free warranty replacement?

TTM

My mum bought a heated electric throw last winter from Lakeland and it died within 12 months. She’s just come back from returning it where she was told they don’t make that model anymore and the new version costs £45 more.
What are her consumer rights here? Is she not able to demand a replacement without having to stump up the extra cash?

Many thanks 

DullGreyGuy

No, she can express a preference between repair, replace and refund but the retailer is free to choose one of the other remedies if there is a material economic difference to them. 

The law is clear that a replacement should be the same model and same condition as originally purchased.

TTM

Thanks for the clarification, much appreciated 

Jenni_D

The above is correct in respect of consumer law. (Actually the seller could reduce the amount of refund once the goods are more than 6 months old, but they usually don't within the first year. So getting a full refund instead of a repair or replacement means they've complied with the law).

However the complete answer depends on whether or not there was any seller or manufacturer warranty offered with the goods, and what were any terms of said warranty. Do you know whether there was a warranty included, and what it said?

molerat

Was it Lakeland own brand or did it have a separate manufacturer warranty ?

A few years ago I purchased an item in Argos, discontinued model and 30% cheaper than the slightly superior new model but not worth the extra money.  The item broke down within 1 year so within the 2 year manufacturer warranty.  Contacted the manufacturer, as it could be no worse than contacting Argos who would likely give a refund, and they apologised they no longer made that particular one and would replacing it with the newer one be OK