Dyson Aftercare

ArbitraryRandom

Aylesbury_Duck said:

ArbitraryRandom said:

Aylesbury_Duck said:

Personally, I'd accept Dyson's offer of a £99 refurbished model, or push for a better discount on a new one.  Even if you could pursue this with the retailer, the remedy might only be a partial refund.  You're not entitled to a full refund of the price paid.

Again I disagree... the OP either has the CRA right to a replacement OR can quote the Dyson T&C for a replacement (as pasted above):

"If your machine is lost or damaged beyond repair while in Dyson’s possession, we will replace the machine at no cost to you. "

Dyson accepted the item back to repair - so unless they're claiming the OP abandoned it (and I can't see 60 days elapsed without contact at any point in the timeline), then according to their own policy they owe the OP a new hairdryer at no cost. 

(I would agree the letter is a bit of a mess and needs rewriting either way - which we can help with as soon as we know if Dyson were the retailer or just the manufacturer). 

Ah...I hadn't seen the pasted sections, they weren't showing for me when I started my reply.  That does change things.

On the matter of the CRA right to a replacement, did I read in another thread that the retailer can choose not to replace if not economically preferable or something like that, and can elect to partially refund instead?  Or does that only apply to repairs?

The Act states the trader can repair OR replace (if one is commercially not viable/impossible). It is significantly less clear on the remedy if NEITHER are possible/commercially viable, as the right to final rejection with a partial refund rests explicitly with the customer. 



In this instance Dyson has a like for like replacement (a repaired/refurbished appliance), so if they are the seller then it seems obvious that it's not impossible for them to replace and it would seem hard to argue a refurbished hairdryer is not worth the same as a refurbished hairdryer...  

Also want to point out that should the trader give a partial refund, generally speaking that would mean the OP would have their hairdryer and the money to seek a repair via a third party should they wish... so I can't see Dyson have particularly strong footing on any element of this.